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Jan. 2 SINGAPORE: Vietnamese developer detained in Singapore seeks passage to Germany A Vietnamese property developer detained in Singapore is seeking passage to Germany to avoid being sent back home, where he could face the death penalty amid a crackdown on corruption, his lawyers said on Tuesday. Phan Van Anh Vu, 42, who is wanted in Vietnam for revealing state secrets, according to media, was detained in Singapore on Thursday as he tried to leave for Malaysia, said Remy Choo, one of at least three lawyers engaged by Vu's family to represent him. Choo and another lawyer in Singapore, Foo Chow Ming, said they had been unable to contact Vu, and on Tuesday filed an application in Singapore's High Court to try to gain access to their client. A 3rd lawyer told Reuters he had filed an application to German authorities to allow him to go there. "I have made an application for Germany to accept him," said Victor Pfaff, a lawyer in Frankfurt. Germany's foreign office did not immediately respond to a request for comment. Singapore has no extradition treaty with Vietnam, but its immigration authority has the power to repatriate people under certain circumstances, according to the city-state's Immigration Act. "My client's family is concerned there is an imminent risk of repatriation to Vietnam," said Choo. Vietnam's Ministry of Public Security said last month it was seeking the arrest of Vu, a developer in the communist state's central city of Danang, where the local leadership was shaken up after corruption accusations last year. Vietnamese media quoted police as saying Vu was wanted for revealing state secrets. They did not say what these related to or whether that was linked to his role as a property developer. Singapore's Immigration and Checkpoints Authority and its Ministry of Home Affairs did not respond immediately to a request for comment. Vietnam's foreign ministry also did not respond immediately to a request for comment on Vu's detention in Singapore and whether Hanoi had sought his extradition. Serious security offences, such as revealing state secrets, can carry the death penalty in Vietnam. Singapore also has the death penalty for some crimes. Singapore has close diplomatic and trade ties to Vietnam. This year, Singapore is also chairing the regional Association of Southeast Asian Nations grouping, which has sought to strengthen regional cooperation. Dozens of Vietnamese officials and business figures have been arrested in a crackdown on corruption that has gathered pace since the security establishment gained greater sway in the ruling Communist Party in 2016. The crackdown grabbed world headlines last year when Germany accused Vietnam of kidnapping a former oil executive to return him home to face trial. (source: Reuters) BANGLADESH: Prosecutors seek death for Zia's son in grenade attack case The prosecution Monday demanded death penalty for the opposition Bangladesh Nationalist Party leader Khaleda Zia's son for his alleged role in the 2004 grenade attack that killed 24 people and injured 300 others, including Prime Minister Sheikh Hasina, a media report said. Tarique Rahman, the BNP's senior vice president who lives in exile in London, is accused in 2 cases of murder and blasts for planning the attack in which more than 10 grenades were thrown in a rally organised by Hasina's Awami League party when she was in opposition and Zia was in power. Among the dead was Ivy Rahman - the wife of late president Zillur Rahman and then Mohila AL president. Chief prosecutor Syed Rezaur Rahman demanded death sentences for Rahman and 48 others, including the then-home minister Lutfozzaman Babar and chiefs of major intelligence agencies while wrapping up the argument at a Speedy Trial Tribunal here, the Daily Star reported. The state counsel had submitted arguments after observing testimonies from 245 witnesses on December 27. The court had fixed January 1 for the defence and the state to present their arguments. Justice Shahed Nuruddin adjourned the case till tomorrow when the defence, led by state-appointed lawyer Chitanya Chandra Halder, would present their argument, the report said. There were 52 accused in the case of which 23, including Babar and BNP leader Abdus Salam Pintu, are behind the bars. Former Inspector Generals of Police (IGPs) Ashraful Huda, Sahudul Haq and Khoda Boksh Chowdhury, Lt Commander (retd) Saiful Islam Duke, former investigation officers Special Superintendent Ruhul Amin and Senior ASP Munshi Atikur Rahman and ASP Abdur Rashid were among the 8 who are out on bail. While 18 other accused, including Rahman, BNP leader Harish Chaudhary, former lawmaker Kazi Shah Mofazzal Hossain Kaikobad, Major General (retd) A T M Amin, and Lieutenant Colonel (retd) Saiful Islam Joarder are still absconding. Apart from these, 3 accused - Jamaat leaders Ali Ahsan Mohammad Mojaheed, Mufti
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January 1, 2018 JAPAN: No. of death row inmates in Japan stands at 123 The number of death row inmates in Japan stood at 123 as of Dec 31, continuing to surpass the threshold of 100 since 2007, Justice Ministry officials said. In 2017, 4 convicts on death row were executed and 4 others died of illness, while 2 people were newly added to the list of such inmates after death sentences against them were finalized. Of the 4 who were executed, 3 were still waiting to hear about their requests for retrials. Of the 3, 1 was aged 19 at the time of the crime. The hangings of inmates seeking retrials were the 1st since December 1999, while that of an inmate who committed a crime as a minor was the 1st since August 1997, both drawing flak from the Japan Federation of Bar Associations and groups opposed to the death penalty. Japan's capital punishment has drawn international criticism, while the federation has called for its abolition by 2020, demanding the introduction of lifetime imprisonment instead. However, a majority of the Japanese public supports the death penalty. A 2014 government survey showed that 80.3 % of Japanese people aged 20 or older favored capital punishment, down from a record 85.6 % in the previous survey in 2009. (source: japantoday.com) PAKISTAN: Rapist of 6-yr, girl to be hanged A trial court in Srinagar on Saturday awarded death penalty to convict Farooq Ahmed Pinzoo for raping and murdering a 6-year-old girl in 2005. "Convict is awarded capital punishment. He shall be hanged till death," the court said, referring to various Supreme Court Judgments to term the crime as rarest of rare. Second Additional Principal District and Sessions Judge Srinagar, Tahir Khurshid Raina, awarded the death penalty to Farooq Ahmad Pinzoo of Mehjoor Nagar, Srinagar, after public prosecutor Mujeeb Andrabi pleaded before the court that the accused be given the severest punishment as he had raped and killed the little minor gruesomely. "The accused be hanged to death so that others may take a note of these gruesome incidents," the lawyer said. The judge said it was unpardonable "that a little doll of just 6 years of age, who was yet to bloom and add to the beauty of the world, was crushed to death in the most horrendous and barbaric manner in the year 2005 by the accused/convict." He added that after committing this highly detestable act of extreme depravity, the accused wrapped the girl's dead body in a sack and threw it in a trench to conceal it from the eyes of people around. "When all members of the said locality were searching for the girl, he was a mute spectator ... This incident sent a shockwave in the entire area and everyone came out to search for her and pray for her safe recovery. Finally, on 5th day since she went missing, she was recovered from the trench in a sack," the judge said. The judge added that thousands of people assembled on the spot and when they saw the girl's body, there was condemnation all around and an outcry to nab the culprit. "Public discontentment was so huge that police had to install a special camp there and after a month's time they succeeded in nabbing the culprit, who was none else but the resident of the same locality whom the deceased of tender age would have treated with respect and as a custodian of her life," the judge said. (source: Pakistan Observer) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
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Dec. 31 INDIA: RAPE, MURDER OF 6-YEAR OLD GIRL: COURT AWARDS DEATH SENTENCE TO CONVICT'We have to collectively save our society from criminality' A court here sentenced a convict to death for raping and murdering a minor girl at Mehjoor Nagar area here in 2005. In the judgment, 2nd additional sessions Judge Srinagar, Tahir Khurshid Raina, holding that it as a rarest of rare cases, awarded the death penalty to convict Farooq Ahmad Pinzoo of Mehjoor Nagar for raping and murdering the girl. "A little doll (victim) of just 6 years of age, who was yet to bloom and add to the beauty of the world was crushed to death in the most horrendous and barbaric manner in 2005 by the convict. After doing this highly detestable act of extreme depravity, convict wrapped her body in a sack and threw it in a trench to conceal it from the eyes of the people around," the court said. "When all members of locality were on search, he was a restless mute spectator of this unfortunate incident. This incident sent a shockwave in the entire area and every one came out to search her and yearn and prayed for her safe recovery. Finally, on 5th day of her missing, her body was recovered from the trench in a sack," the court said. The court added that thousands of people assembled on the spot to see this horrible incident. "When people saw her body, there was a condemnation around and an outcry to nab the culprit soon. Public discontentment was so huge that police has to install a special camp there and after a month's they succeeded in nabbing the culprit who was none else but the resident of same locality whom the deceased of tender age would have taken with respect and custodian of her life," the court said. "Convict is awarded capital punishment. He shall be hanged till death," the court said while referring various Supreme Court judgments, terming the case as rarest of rare cases. After hearing additional public prosecutor advocate Mujeeb Andrabi and defence counsel on the quantum of punishment, the court said "fact remains, punishment is the way in which society expresses its condemnation for wrong doing and in order to maintain respect for law, it is essential that the punishment inflicted for grave crimes should adequately reflect the revulsion felt by the great majority of citizens for them." Earlier, advocate Mujeeb Andrabi pleaded that to the court for award of death penalty to the accused for commission of horrendous crime with a child of tender age. He argued that keeping in view the entire complexion of the case, it falls in the category of "rarest of the rare" which entails death penalty. "Let us not wait for angels to come from the sky to reform our society. We all have to collectively rise to the occasion and move in tandem to save our society from criminality and criminals and obnoxious elements to make it a habitat of civilized people with high morals, values and probity as their hallmark. This will only elevate our status in the community of nations," the court said while referring to the case. [also see: http://kashmirlife.net/rare-judgement-kashmir-court-awards-death-sentence-160610/] (source: greaterkashmir.com) * Death sentence to rape-murder convict in Srinagar A minor girl, who was murdered after rape, finally got justice after 12 years when a local court sentenced a convict to death in Srinagar. Declaring the rape and murder of a six-year-old girl in 2005 as rarest of rare case, the Second Additional Sessions Judge Srinagar, Tahir Khurshid Raina awarded death penalty to convict Farooq Ahmad Pinzoo of Mehjoor Nagar. The court in the order on Saturday after hearing arguments from prosecution and defence counsels said, "A little doll of just 6 years of age, who was yet to bloom and add to the beauty of the world was crushed to death in the most horrendous and barbaric manner in 2005 by the convict." (source: uniindia.com) NIGERIA: Women lawyers advocate death penalty for hawkers of babies The International Federation of Women Lawyers (FIDA) has advocated capital punishment for all persons caught in the act of buying and selling of babies. The News Agency of Nigeria (NAN) reports that the association, a Non- Governmental, Non-Profit Organisation comprised of women lawyers, made the call on Saturday, at an end-of-year party organised for privileged and under-privileged children in Benin. The Chairperson, Edo Chapter of FIDA, Mrs Maria Edeko, in her opening address at the occasion, said children were a gift from God, with rights that needed to be protected. While noting that there were other legal means of having children, for those unable to have children of their own, Edeko said the association was mounting a vigorous campaign against the hawking of children. She said that the association had evolved a plan to send a document to the National Assembly, on the matter. The Chairperson
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The news will next be posted to this site on Dec. 30 *** Dec. 17 INDIA: Former TV host Suhaib Ilyasi convicted for wife's murder A New Delhi court convicted former TV serial producer Suhaib Ilyasi of murdering his wife in 2000 on Saturday. Additional Sessions Judge S.K. Malhotra held Ilyasi guilty of his wife's murder and would hear arguments on quantum of sentence on December 20. In 2014, the Delhi High Court had asked the trial court to add the graver charge of murder under section 302 of Indian Penal Code (IPC) against Ilyasi for his wife's death. He will face a minimum punishment of life imprisonment and the maximum of death penalty in the case. Ilyasi, also the editor-in-chief of Bureaucracy Today magazine, has been facing the trial as an accused for the last 17 years in dowry death case of his wife Anju Ilyasi. The high court's order had come on a plea filed by Rukma Singh, Anju's mother, challenging the February 19, 2011 order of a trial court which had rejected her plea for trying Ilyasi under the penal provision of murder. Rukma Singh said her son-in-law was facing the charge of killing his wife for dowry under section 304 of IPC, which attracts much lesser punishment. Anju Ilyasi died on January 11, 2000 at her Mayur Vihar house. Ilyasi was arrested on March 28, 2000 and charges were later framed against him in the case after his sisters-in-law and mother-in-law alleged that he used to torture his wife for dowry. The trial court had framed charges against him relating to dowry death and subjecting a woman to cruelty (section 304 (b) and section 498 (a). After the high court order, it charged Ilyasi with murder. Suhaib Ilyasi is best known for hosting the reality TV show India's Most Wanted. (source: timesnownews.com) ** Rapists of minors should be hanged within 6 months: DCW Chief Lamenting the "delay" in carrying out sentence of December 16 gang-rape and murder incident, Delhi Commission for Women Chief Swati Maliwal on Saturday claimed the long winding legal process allowed the criminals to feel they can get away with such heinous crimes. She urged the prime minister to bring in a legislation wherein at least those convicted of raping minors are given death penalty within 6 months. Nirbhaya, a para-medical student, was brutally gang-raped on the intervening night of December 16, 2012, in a moving bus in South Delhi. The incident took place while she was returning with a friend after watching a movie. She died 13 days after the incident at a hospital in Singapore. Of the 6 men arrested in the case, one of the accused Ram Singh hanged himself in prison in March 2013, while another man, who was a juvenile at the time of the crime, was convicted in August. In 2016, he was released from the correction home after serving the maximum sentence of 3 years in a reform home. The other 4 - Akshay, Vinay Sharma, Pawan and Mukesh - were found guilty and sentenced to death by the Delhi High Court in September 2013. The Supreme Court also upheld the high court's decision. "It's the 5th death anniversary of Nirbhaya incident and the fact is that nothing has changed in this country. Everyday girls and women are being brutally raped in this country," she said. Maliwal also highlighted the need for having fast-track courts in the city so that rapists are punished forthwith. Also, there is a need to upgrade the delivery mechanism of the forensic department as well as the accountability of the police, she said in a letter to Prime Minister Narendra Modi. "The system has made the criminals confident enough to believe that they can get away with any crime perpetrated against a woman or a child. It is very unfortunate that even Nirbhaya herself has not got justice in this country. Nirbhaya's mother is still running from pillar to post in order to ensure that her beloved daughter can get justice," Maliwal said. The DCW chief said that at least in case of rape of minor girls, there should be a law in this country in which such rapists should be punished and given death penalty within 6 months. She also made an appeal to the prime minister to constitute a high-level committee on women's safety in Delhi, having the Union home minister, the lieutenant governor, the chief minister, the police commissioner and the DCW representatives as its members, to take effective decisions on issues of women's safety. Drawing the prime minister's attention to the Nirbhaya fund, which has remained unutilised till date, Maliwal urged him to devolve the fund immediately to the states failing which the 'Beti Bachao, Beti Padhao' programme will lose its relevance. (source: asianage.com) *** 2 BJP states contemplate death penalty for rape; face oppositionThe Bill - Dand Vidhi (Madhya Pradesh Sanshodhan) Vidheyak, 2017 - is awaiting the President's assent The Bharatiya Janata
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Dec. 16 GREAT BRITAIN: On this day: December 16, 1969 - MPs vote to abolish death penalty On December 16, 1969 MPs voted for the abolition of the death penalty in Britain, as murderers could be punished by being hanged up until that year. 343 MPs voted in favour of its abolition compared to 185 voting against, resulting in cheers around Parliament as 'The Murder Act 1965' was passed. MPs debated for nearly 8 hours over the issue until they finally voted, even though all 3 leaders of the major political parties (Labour, Conservatives and Liberal Democrats) argued in favour of its abolition. The death penalty was originally suspended in 1965, although Duncan Sandys (a Conservative MP for Streatham) brought a petition to Parliament claiming to have a million signatures for hanging to remain. The suspension of the death penalty provided evidence to MPs that it was not a sufficient deterrent, as between 1957 and 1968 murders numbered between 114 and 154 per year, showing no significant increase due to the suspension. The Act was introduced to Parliament by Sydney Silverman in the form of a private member's bill. The Act still allowed the death penalty to be used for high treason, arson in royal docklands, piracy with intent to kill or cause grievous bodily harm, espionage and offences under military law although the vote in 1969 signalled the end of executions in this country. Britain is one of 103 countries that have completely abolished the death penalty as well as 30 who are abolitionists in practice. 6 countries have abolished the penalty for ordinary crimes, although 56 countries retain capital punishment. Figures from last year shows China still execute over 1,000 people every year and Iran at least 567, showing the death penalty is still very real in many countries around the world. (source: mancunianmatters.co.uk) INDIA: December 16 gangrape: 2 death row convicts file review plea in SC 2 of the 4 death row convicts in the December 16, 2012 gangrape and murder case today moved the Supreme Court for review of its verdict upholding the capital punishment awarded to them. The review petition by convicts Vinay Sharma and Pawan Kumar Gupta came after the apex court on December 12 completed the hearing on the review plea filed by another death row convict Mukesh. A 23-year-old paramedic student was gangraped on the intervening night of December 16-17, 2012 inside a moving bus in South Delhi by a gang of 6 persons and severely assaulted before being thrown out naked. She succumbed to her injuries on December 29, 2012 at Mount Elizabeth Hospital in Singapore. The review plea, filed through advocate A P Singh for 2 of the convicts, claimed that death penalty was a premeditated and "cold blooded killing" of a human being by the state in the name of justice. It said the investigation in the matter was not only flawed but also unreliable as many facts of the investigation pertain to recording of the dying declaration of the victim. The apex court had on December 12 allowed the counsel to file review petition for another convict Akshay Singh and listed the matter for hearing on January 22. The apex court had on May 5 upheld the death penalty to the four convicts - Mukesh (29), Pawan (22), Vinay Sharma (23) and Akshay Kumar Singh (31), saying the "brutal, barbaric and diabolic nature" of the crime could create a "tsunami of shock" to destroy a civilised society. Another accused in the case, Ram Singh, had allegedly committed suicide in Tihar Jail, while a convicted juvenile has come out of the reformation home after serving a 3- year term. (source: indiatimes.com) KENYA: Death row ruling sets stage for reviews The Supreme Court pronounced itself on the controversial automatic hanging of murder convicts, partly bringing an end to a debate that has raged for decades. The landmark ruling evoked memories of some of Kenya's historic hangings, including that of Hezekiah Ochuka who was found guilty of plotting the 1982 aborted coup against President Moi. He was hanged in 1987. The ruling by the highest court in the land declared Section 204 of the Penal Code unconstitutional. This means that some inmates could, after all, walk to freedom if the substituted jail term is equivalent to or lesser than the time they have spent behind bars. It also means more than 2,500 prisoners awaiting the hangman's noose would have to be sentenced afresh. The judges ordered that death row prisoners appear before the High Court for fresh sentencing. Without prejudice to aggrieved families who may have preferred that the harsh punishment be meted out on murder convicts, we believe the ruling was long overdue, given that the death penalty goes against the Bill of Rights. In many countries including the United Kingdom, Germany and France, life is always sacrosanct. We believe countries such as ours should be re-angling
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Dec. 15 IRANexecution Prisoner Hanged On Murder Charges in Southern Iran A prisoner was hanged at Shiraz Central Prison on the charge of murdering a forest guard. According to a report by Iran Environment and Wildlife Watch, on the morning of Thursday December 14, a prisoner was executed at Shiraz Central Prison. The prisoner was convicted of murdering a forest guard, named Manuchehr Shojayian, on Friday June 24, 2016. However, no information regarding the identity of the prisoner and the details of his case has been published. According to Iran Human Rights annual report on the death penalty, 142 of the 530 execution sentences in 2016 were implemented due to murder charges. There is a lack of a classification of murder by degree in Iran which results in issuing death sentence for any kind of murder regardless of intensity and intent. (source: Iran Human Rights) IRAQ: UN 'shocked and appalled' at mass-execution in Iraq The UN on Friday harshly criticised the mass-hanging of 38 men at a prison in southern Iraq this week, urging Baghdad to immediately halt all executions. Iraq on Thursday hanged 38 jihadists belonging to the Islamic State group or Al-Qaeda for terrorism offences at a prison in the southern city of Nasiriyah, according to provincial authorities. It was the largest number of executions in Iraq on a single day since September 25, when 42 people were put to death in the same prison. "We are deeply shocked and appalled at the mass execution on Thursday," United Nations human rights office spokeswoman Liz Throssell told reporters in Geneva. The hangings, she warned, "once again raises huge concerns about the use of the death penalty in the country". The UN had determined that all of the 38 executed prisoners were men and had been convicted for terrorism-related crimes, but could say nothing more about their identities, she said. A prison source however told AFP that they were all Iraqis, but that one also held Swedish nationality. The executions came after Prime Minister Haider al-Abadi on Saturday declared victory against the Islamic State group after a three-year campaign by government forces backed by a US-led coalition to retake territory seized by the jihadists. The UN and rights watchdog Amnesty International have repeatedly voiced concerns about the use of the death penalty in Iraq, which ranks among the world's top executioners, after China, Iran and Saudi Arabia. "Given the flaws of the Iraqi justice system, it appears extremely doubtful that strict due process and fair trial guarantees were followed in these 38 cases," Throssell warned. "This raises the prospect of irreversible miscarriages of justice and violations of the right to life," she said. The UN has learned of 106 executions in Iraq so far this year, including the mass-hangings in September. "We once again urge the Iraqi authorities to halt all executions, establish an immediate moratorium on the use of the death penalty and carry out an urgent and comprehensive review of the criminal justice system," Throssell said. (source: digitaljournal.com) KENYA: Landmark death penalty judgement must lead to full abolition of cruel punishment Commenting after the Kenyan Supreme Court declared mandatory death sentencing unconstitutional, Oluwatosin Popoola, Amnesty International's Adviser on the Death Penalty, said: "This landmark judgment is a significant step towards complete abolition of the ultimate cruel and inhumane form of punishment. "It's now time for the Kenyan authorities to take the required legal steps to abolish the death penalty fully and join the 105 countries that have completely consigned the punishment to history." Background The judgement was handed down following an application by 2 men who have been on death row for the last 14 years. It in effect means judges now have discretion and will no longer automatically sentence to death people convicted of murder or armed robbery - the only 2 crimes that still attract the death penalty in Kenya. Amnesty International opposes the death penalty in all cases and under any circumstances, regardless of the nature of the crime, the characteristics of the offender, or the method used by the state to carry out the execution. (source: Amnesty International) INDIA: Death penalty will bolster the dignity of women, says court Claiming that the decision to award death penalty to Ameerul Islam would bolster the dignity of women in society, the Ernakulam Principal Sessions Court observed that the brutal crime in the Jisha case was a clear demonstration of exceptional depravity and extreme brutality towards a helpless woman. "Her resistance at the cost of her life could be termed as a reflection of gender justice that shocked the collective conscience of the society. Hence, sympathy in any form would be misplaced and it would shake the confidence
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Dec. 14 KENYA: Supreme Court to decide on legality of the death penalty The Supreme Court will on Thursday deliver a judgment on the constitutionality of the death sentence. Death row convicts Francis Karioko Muruatetu and Wilson Thirimbu Mwangi, who have been in jail for the last 14 years since 2003, had filed the case at the apex court while seeking that the mandatory death penalty should be scrapped from the Kenyan law. ABOLISHED The duo were convicted alongside 5 other suspects, including the wife of former Lands Commissioner Wilson Gachanja, for the grisly murder of businessman Lawrence Githinji Magondu. As of December 2010, 139 countries out of 197 under the UN had abolished the death penalty in law or practice. The decision to be delivered is expected to be a landmark one. The Kenya National Commission on Human Rights, the International Commission of Jurists Kenyan chapter, Legal Resources Foundation, Katiba Institute and the Death Penalty Project are listed as amicus in the case. DEATH PENALTY Notably, in Kenya, there have been no executions since 1987 for accused persons sentenced to death. Those sentenced to death are to serve a lifelong jail term unless pardoned by the President. Murder and robbery with violence attract the death penalty in the Kenyan criminal law. ** Mandatory death sentence now unconstitutional in Kenya Mandatory death sentence is no longer lawful in Kenya. This is after the Supreme Court on Thursday declared Section 204 of the Penal Code, which stipulates mandatory death sentence, as unconstitutional. 'VALID' However, the top court specified that this decision does not affect validity of the death sentence. The decision means death sentence is still lawful but not mandatory. Murder and robbery with violence are the offences in the Kenyan criminal law that attract a death penalty. The top court judges directed the Attorney-General, the Director of Public Prosecutions and other relevant agencies to prepare a detailed professional review of all murder and robbery with violence cases similar as pertains sentencing. They also ordered that a copy of the judgment be forwarded to Speakers of Parliament and the National Council for Law Reporting to give way forward for any necessary amendments to death sentence. The judges also ordered that the 2 Kenyans who filed the suit should have a priority hearing before the High Court and be freshly sentenced. MURDER Death row convicts Francis Karioko Muruatetu and Wilson Thirimbu Mwangi, who have been in jail for the last 14 years, filed the case. They asked the apex court to scrap mandatory mandatory death penalty from the Kenyan law. The duo were convicted alongside 5 others - including the wife of former Lands Commissioner Wilson Gachanja for the murder of businessman Lawrence Githinji Magondu. As of December 2010, 139 countries out of 197 under the UN had already abolished the death penalty in law or practice. The Kenya National Commission on Human Rights, the International Commission of Jurists Kenyan chapter, Legal Resources Foundation, Katiba Institute and the death penalty project were listed as amicus in the case. (source for both: nation.co.ke) EGYPT: Egypt MP Proposes Draft Law to Execute Rapists Aiming to limit incidences of rape and kidnapping against women and children, Member of Parliament Mona Monir has suggested amendments to Egypt's main penal code including the death penalty for perpetrators of such crimes. The 1st suggested modification relates to rape and stipulates perpetrators of the crime should be sentenced to death as opposed to the current sentence of life imprisonment. The draft law also suggests that the perpetrator of sexual assault against any person under 18, whether male or female, should receive the death penalty. The draft law suggests that anyone found guilty of kidnapping a minor should also be sentenced to death or life in prison. A kidnapper who is a relative or guardian should immediately receive the death penalty. "I strongly support the death penalty against those who commit kidnapping or rape crimes targeting female or male children or handicapped children [...] Perpetrators should receive the death penalty without any opportunity of appeal," Monir said. She added that the draft law has been introduced to the Egyptian parliament's legislative committee which is assigned to review it and decide a date for discussion. Monir also argued that there has been a significant rise of incidences of rape and kidnapping of children and that the recent rape of a baby pushed her to call for the death penalty for such crimes against minors. (source: albawaba.com) UNITED ARAB EMIRATES: People trading in fake medication should face death penalty, police chief saysMaj Gen Obaidli says fake meds can cost lives, so those who trade in them should lose theirs
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Dec. 13 IRANexecutions 5 Prisoners Executed In Western Iran 5 prisoners were executed at Kermanshah Central Prison on murder charges. According to a close source, on the morning of Monday December 11, 5 prisoners were executed at Kermanshah Central Prison (Western Iran). All of the prisoners were sentenced to death on murder charges. 1 of the executed prisoners was identified as Keykavus Ashouri. He was arrested and sentenced to death 15 years ago. The execution of these prisoners has not been announced by the state-run media so far. According to Iran Human Rights annual report on the death penalty, 142 of the 530 execution sentences in 2016 were implemented due to murder charges. There is a lack of a classification of murder by degree in Iran which results in issuing death sentence for any kind of murder regardless of intensity and intent. Prisoner Scheduled To Be Executed in Public A prisoner who was sentenced to public execution on the charge of murdering a police officer was transferred to solitary confinement. According to a close source, a prisoner was transferred to solitary confinement in Isfahan Central Prison. The prisoner is charged with murdering a police officer, named Asghar Qezavi, while trafficking drugs in Naein (Fars Province) in April 2016. He was arrested and sentenced to public execution along with 4 other people. The execution is apparently going to be carried out publically in Naein on the next morning. According to Iran Human Rights annual report on the death penalty 33 people have been executed in public in front of large crowds including children in 2016. Public executions have been strongly criticized by Iranian human rights activists and sociologists. (source for both: Iran Human Rights) *** Iranian court upholds death penalty for researcher) Human rights groups are reporting that Iran's Supreme Court has upheld the death sentence for a disaster medicine researcher, Ahmadreza Djalali. Amnesty International reported Tuesday that Djalali's lawyers have learned that the Supreme Court upheld the death sentence "in a summary manner without granting them an opportunity to file their defense submissions." Djalali, an Iranian-born resident of Sweden, was arrested in April 2016 during an academic trip to Iran and convicted in October of spying in what Amnesty describes as a "grossly unfair" trial. In an August letter from Tehran's Evin Prison, Djalali wrote that he was arrested for his refusal to use his academic and other ties in Europe to spy for Iran. Djalali holds a Ph.D. in disaster medicine from the Karolinska Institute, in Sweden, and taught at the Universita` degli Studi del Piemonte Orientale, in Italy, and at Vrije Universiteit Brussel, in Belgium. (source: insidehighered.com) EGYPT: MP introduces draft law stipulating death penalty for rapists of women, children Aiming to limit incidences of rape and kidnapping against women and children, Member of Parliament Mona Monir has suggested amendments to Egypt's main penal code including the death penalty for perpetrators of such crimes. Egypt Independent obtained a copy of the draft law on Tuesday. The 1st suggested modification relates to rape and stipulates perpetrators of the crime should be sentenced to death as opposed to the current sentence of lifetime imprisonment. The amendment suggests that if the perpetrator of the crime is a relative of the victim or works as a servant for her, the death penalty should be applied. The draft law also suggests that the perpetrator of sexual assault against any person under 18, whether male or female, should receive the death penalty. The draft law suggests that anyone found guilty of kidnapping a minor should also be sentenced to death or life in prison. A perpetrator of kidnapping who is a relative or guardian should immediately receive the death penalty. "I strongly support the death penalty against those who commit kidnapping or rape crimes targeting female or male children or handicapped children[...] Perpetrators should receive the death penalty without any opportunity of appeal," MP Mona Monir told Egypt Independent on Tuesday. She added that the draft law has been introduced to the Egyptian parliament's legislative committee which is assigned to review it and decide a date for starting discussion. Egypt's penal code does not include the death penalty as a first punishment for perpetrators of rape and kidnapping crimes against children, Monir explained, arguing that amendments are necessary. Monir also argued that there has been a significant rise of incidences of rape and kidnapping of children and that the recent rape of a baby pushed her to call for the death penalty for such crimes against minors. (source: Egypt Independent) LEBANON: Judge calls for death penalty for child who murdered father, 2 others
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Dec. 12 INDIA: Death penalty in India has no clear guidelines, new research revealsCapital punishment is considered a deterrent by some, but judges have little guidance for deciding what can merit such a sentence The death-penalty sentencing process in India is broken, and now there is fresh research that reiterates this fact. In pathbreaking work carried out by the National Law University in Delhi, 43 of 60 former judges of India???s Supreme Court interviewed for the research, who had adjudicated 208 death-penalty cases among them between 1975 and 2016, expressed grave doubts about wrongful convictions. But 39 of the judges interviewed favor retaining capital punishment. 8 of them were former chief justices of India. Of the 60 judges interviewed, 47 adjudicated capital-punishment cases and confirmed 92 death sentences in 63 cases. Judges of the apex court are regarded as the embodiment of the letter and spirit of the law, and are supposed to judge with objectivity, without letting their biases and prejudices creep into rulings. The death sentences confirmed by the Supreme Court are final decisions, unless they are reversed on review, which happens very rarely. However, the report throws up a grave fact - that there is a lot of subjectivity in the nature of judgments. Many judges don't have clarity about the the legal statutes behind the sentencing procedure. The report, which is in the form of an opinion study, kept the views of individual judges anonymous so as not to divert focus from the system to specific persons. Justification for torture The rampant use of torture, the study found, shows how deep the crisis in the criminal justice system is. Torture is used to generate evidence as well as to fabricate it. Though some former judges did offer justifications for this abysmal state of affairs, there was an overwhelming sense of concern about the integrity of the criminal justice system from multiple perspectives. Of the 39 judges, only one thought torture by the police and other investigative agencies was not perpetrated. Of the rest who accepted that torture does take place, 12 thought it could be justified, given the pressures investigators are working under. The existence of torture was also rationalized by stating that investigating agencies are "either lazy, or don't have enough manpower, or do not know methods of scientific investigation," the report says. The judges voiced their concerns, but it had little bearing on their views on the administration of capital punishment. Judge-centric sentencing In 1980, a 5-judge bench of the Supreme Court, in the Bachan Singh vs State of Punjab case, laid down a binding doctrine on how death sentences are to be handed down. It was to be only in the "rarest of rare" cases, and the principles for determining this sought to take away the subjectivity caused by prejudices and views of individual judges. However, the report reveals a shocking detail. Only 13 of the interviewed judges were able to articulate their views on how this doctrine was to be implemented. One judge who confirmed a death sentence that led to an execution expressed helplessness about the subjectivity in sentencing: "The problem is so rampant, so obvious, that it is difficult to find any consistency in the approach, and it is difficult to see [the] rationale in awarding [the] death sentence in one case and not awarding in another, more severe case." The report states: "For a significant number of judges, the 'rarest of the rare' was based on categories or description of offenses alone and had little to do with judicial test requiring that the alternative of life imprisonment be 'unquestionably foreclosed.' This meant that for certain crimes, this widely hailed formulation falls apart, rendering the sentencing exercise nugatory." There is a growing consensus among criminologists that executions do not deter criminals. Despite this, deterrence emerged as the strongest justification for retaining the death penalty, with 23 former judges seeing merit in that argument. When former judges spoke of the deterrent value of the death penalty, significant differences emerged in their understanding of it. The 1st of the 2 main strands that emerged viewed the fear of death for achieving deterrence. Judges in this category took the position that the qualitative nature of the death penalty distinguished it from any other punishment, and that the fear of death was an effective deterrent. A judge who has confirmed three death sentences in his 4-year tenure as a Supreme Court judge remarked: "What is the greatest fear of every human being? ... Death. Everything else you can swallow, but death you cannot." Most of the judges felt that since there are very few executions, retaining capital punishment is justified. This, the researchers of the report regretted, did not factor in the intense mental agony and
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Dec. 11 IRAN: Iranian scientist from Belgium to be hanged in Iran for "spying" An Iranian-Swedish professor connected to the Free University of Brussels (VUB) has been sentenced to death in Iran for collaboration with scientists from foreign, "enemy" states and his lawyer has not appealed to the Iranian Supreme Court. The execution of Ahmadreza Djalali seems inevitable according to VUB in Brussels, where Djalali was a guest professor in the field of disaster medicine. Iranian authorities detained Ahmadreza Jalali, a scientist at the Research Center in Emergency and Disaster Medicine (CRIMEDIN) run by the University of Eastern Piedmont in Novara, Italy, and the Free University Brussels (VUB), during a visit in April. Djalali, 45, is married with 2 children and works at Karolinska Institutet in Sweden on improving hospitals' emergency responses to armed terrorism and radiological, chemical and biological threats. The verdict follows warnings by Supreme Leader Ayatollah Ali Khamenei and Mohammad Ali Jafari, the commander of the Islamic Revolutionary Guards Corps (IRGC), the regime's heavily militarised ideological gatekeepers, of "infiltration" attempts by Iran's enemies. It also comes with conservative opponents in Iran of a possible thaw with the West seemingly eager to project strength to their critics at home and abroad. Jalali had traveled to Iran to attend a scientific workshop based on an official invitation from an Iranian university. He has been refusing to eat since December 26 to protest his arrest and the charges, and he seems to be in poor mental and physical condition. An appeal should have been filed within three weeks but it appears that it never reached the Supreme Court. Since his conviction, 268,000 people have signed petitions in his defense. Despite the pressure on scientific and diplomatic level by Belgian, Swedish and Italian politicians, as well as by the head of European diplomacy Federica Mogherini, Iran continues to violate the rights of the professor, the university underlines. Rights advocates have long accused Iranian courts of issuing politically motivated sentences. Trial proceedings, often held behind closed doors, can last only a few minutes, and charges and even verdicts are routinely left to public speculation rather than informing defence teams or family of pending charges. Djalali told his sister that he had been forced to sign a confession, for which he will receive the death penalty. The Iranian government is calling it a matter of national security. (source: neweurope.eu) BANGLADESH: Top terror Shahadat's intimidation halts 16 cases He's been staying abroad for 12 years, carrying out criminal acts of extortion and intimidating people back in the country over phone from abroad. He even managed to halt the trial process of 16 cases against him by intimidating the plaintiffs and witnesses of the cases from abroad. This is none other than the top terror Shahadat Hossain. The fugitive criminal was awarded with death penalty in 2 cases while arrest warrants were issued against him in 13 cases. He has more than 200 general diaries (GDs) under his belt. Hiding in India for a long time, Shahadat is controlling the capital's criminal activities and even giving interviews to the media, said police officials. They added that the government has requested India to arrest Shahadat as Bangladesh handed over a number of Indian criminals to its neighbour. However, Shahadat's deportation is yet to be decided, they also said. Dhaka Metropolitan Police (DMP) commissioner Md Asaduzzaman Mia told Prothom Alo that they are trying to bring Shahadat back through the Interpol. If any family feels insecure or becomes victim of threat, the police will provide security measures, he added. Once vice-president of Bangladesh Chhatra League's Shah Ali thana unit, Shahadat was a resident of Shinepukur Road in Mirpur's Shah Ali area. The hardcore criminal used to be an activist of BCL Mirpur unit from 2001 to 2004. He came to talks in 1998 allegedly after killing a person in Gudaraghat area in 1998. Through this, he entered the underworld and murdered one after another as a professional killer. In 2005, he fled away in India after killing Aftab Uddin, a businessman of Mirpur. Since then, he has been living there. On 12 August 2005, a group of miscreants killed Md Shahidullah, 45, owner of Prince Group near his residence in Mirpur. A case was filed then accusing Shahadat as prime suspect. The investigation of the case is yet to be completed even after 12 years. Shahidullah's family members said Shahadat has been threatening them to withdraw the case. Kazi Belal Hossain, brother of Shahidullah, told Prothom Alo that the main accused is yet to be arrested. The other accused who were arrested are now out of jail on bail. Another businessman of Mirpur, Aftabuddin, was killed by Shahadat in
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Dec. 10 SAUDI ARABIA: Saudi Arabia On Track To Execute The Most People This Year In 2 DecadesFigures provided exclusively to BuzzFeed News reveal that, despite Mohammed bin Salman's attempt to present himself as a reformer, the country's approach to the death penalty has not changed. Mujtaba al-Sweikat was 17 years old when he attended a protest against the government in Saudi Arabia in the summer of 2012. That December, on his way to visit Western Michigan University, where he was to study English and finance, he was arrested at the airport of eastern city of Dammam, hauled away and convicted after a secret trial on charges that included overseeing a dissident Facebook page and photographing anti-government protests. His sentence: death by hanging, a verdict upheld by an appellate court over the summer. The ascension of Saudi Arabia's ambitious new Crown Prince Mohammed bin Salman raised hopes for change inside and outside the conservative, oil-rich monarchy. He has announced drastic social reforms that include modernizing the nation's religious teachings and granting women more rights. But when it comes to the death penalty, Saudi Arabia remains stuck in its old ways. The number of executions carried out so far this year is on track to match or possibly exceed the numbers of death penalties in each of the last 2 years. According to numbers provided exclusively to BuzzFeed News by the UK human rights group Reprieve, 137 people have been put to death this year in Saudi Arabia, 11 of them over the last 9 days. Saudi Arabia executed 158 people in 2015 and 154 in 2016, the highest numbers in 2 decades. A record-high 192 people were executed in 1995. "These figures demonstrate that under Mohammed bin Salman, the Saudi government has no intention of ending the use of executions as a tool to crush dissent," Maya Foa, director of Reprieve, a privately funded human rights organization which focuses on death penalty cases, said in an email. Along with China, Iran and Pakistan, Saudi Arabia is among the world's leading executioners, often deploying the death penalty as a tool for political repression, but also frequently against those charged with non-violent offenses. This year Bin Salman ascended to the post of Crown Prince, making him next in line to the Saudi throne after his father, King Salman. MbS, as he's commonly known, has impressed some diplomats, investors, and journalists with promises of reforming the country's conservative religious rules and ridding the economy of corruption. But more than 2/3 of Saudi Arabia's 2017 executions took place in the 5 months since the 32-year-old Saudi royal, who studied law at university, was named Crown Prince. Under the strict interpretation of Islamic law, or sharia, in practice in Saudi Arabia, the death penalty is applicable as punishment for crimes ranging from murder to leaving the faith. "Capital punishment, since it's in sharia law, is pretty difficult to change, and I have not heard anything from MbS to the contrary," Ali Shihabi, executive director of the Arabia Foundation, a Washington think tank close to the Saudi leadership, said by email. Nearly 3/4 of the 2017 executions were carried out after US President Donald Trump's visit to Riyadh in May, according to numbers provided by Reprieve, with the rate of executions appearing to speed up after his visit. Shortly after Trump's visit, 4 people were executed for attending political protests, while 14 protesters had their death sentences upheld. (Following the visit, Trump treasury secretary Wilbur Ross cited a lack of protests in Saudi during Trump's visit as evidence of widespread contentment.) "The Saudi authorities seem to have been emboldened after Trump's visit, when he notably failed to raise human rights," said Foa. At least 54 of those executed were foreigners charged with non-lethal drug-related offenses, including at least 10 people who allegedly smuggled narcotics in their stomachs. Increasingly, multiple convicts have been put to death the same day, a new trend which has disturbed rights monitors. On November 28, 7 people were put to death. "This is unusual; in the past, executions have tended to happen individually, under the auspices of different provinces," said Foa. Among those on death row are young men such as Sweikat charged with trying to organize political events through Facebook. Rights groups such as Amnesty International have accused Saudi Arabia of using the death penalty as a political weapon against the country's restive Shia minority. Saudi Arabia considers itself a patron of the Sunni branch of Islam and continues to promote a controversial and puritanical school of the faith that Bin Salman has vowed to moderate. "While [Bin Salman] talks a good game about bringing in social reforms and supporting the Kingdom's young people, the reality is that under his leadership, scores of
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Dec. 9 SOUTH AMERICA: Church in South America Passes Statement Opposing Death PenaltyDocument was drafted with input from the world church's Biblical Research Institute. Delegates from the 8 countries that make up the South American Division (SAD) church region voted to accept an opinion statement on capital punishment and its promotion within local churches at the regional year end meetings in Bahia, Brazil, in early November. The statement was drafted by the Biblical Research Institute (BRI), the world church's advising body on theological matters, after a specific request from the regional church. The document contextually discusses biblical texts and passages that seem to support the application of the death penalty by governments, to conclude that "Adventists believe that violence and capital punishment have no place within the Church. In other words, it is not the task of the Church to take human life." The statement of opinion by the BRI shed light not only on the topic of capital punishment but on how biblical doctrinal studies should be tackled, said some of the theologians attending the SAD year end meetings. "The document is interesting not only for its contents but for the hermeneutical principles it explicitly states," wrote South American Publishing House editor in chief Marcos Blanco in an email exchange with Adventist Review. "We should never react to isolated texts without their wider theological context Against that background, I think the document agrees with the general nature of Scriptures and historical positions of the Adventist Church on similar topics." The Crafting of the Document BRI associate director Ekkehardt Mueller, who coordinated the BRI Ethics Committee (BRIEC) team that drafted the voted statement, sent Adventist Review an email detailing the crafting process of the document. "This is not a full-fledged approach to the issue of capital punishment," he wrote. "Adventists believe that violence and capital punishment have no place within the Church. In other words, it is not the task of the Church to take human life." Mueller explained that it was written after a request and in response to a specific situation in South America, where the topic was causing unrest among members in some local churches. Most South American countries do not contemplate capital punishment in their legislation, except for specific military charges in times of war. The opinion nature of the document, however, does not mean that the BRI took its assignment lightly. Months before the BRIEC meeting, members received reading materials on the topic by different authors with different positions, explained Mueller. BRI director Elias Brasil de Souza also prepared a paper that was read before the committee. "We spent about half a day discussing the topic, and substantial time the next day to discuss and modify the statement/opinion that was written overnight," shared Mueller. "After the meeting, BRI members continued to tweak the document before sending it to the SAD." What the Document Says The document states that even though the Bible does not ignore the suffering of those affected by heinous crimes, the question is raised whether capital punishment is an appropriate response. The application of capital punishment "is often fraught with procedural difficulties," and "is irreversible," something that "should make us very cautious." As the document states, however, the key task is to get to know the biblical view of capital punishment by studying biblical texts on the topic in various contexts. It is also important to understand it from "a robust biblical anthropology," as over the years, the Adventist Church has issued official statements "against violence, war, and euthanasia, and in favor of tolerance and noncombatancy," it reads. "The Church shares the biblical teaching of the immense value of all life and the sanctity of human life especially, which was created in the image of God," reads the statement. Accordingly, "[it] seeks to preserve and protect human life." After explaining that under the Old Testament theocracy, "the death penalty is mentioned in a variety of cases," the statement goes on to read that "in the New Testament [the capital punishment] legislation is not applied to the Christian church." And it adds, "with His first advent, Jesus brought to an end the Jewish theocracy and established His kingdom ethics." Citing a specific example of an incestuous relationship mentioned in 1 Corinthians 5, the document states that in the New Testament, "capital punishment is no longer practiced by the people of God." Within that context, "killing heretics, as practiced by some Christian churches in the past, is not only unwarranted but absolutely wrong and unlawful from a biblical perspective," the document reads. Governments and Capital Punishment The statement goes on to discuss 2 specific
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Dec. 8 INDIA: Nithari Killings: Death sentence to Pandher and Koli Special Central Bureau of Investigation Judge PK Tiwari had held them guilty on Thursday, saying that they both deserved to be punished since both were involved in the crime. A CBI court in Ghaziabad has awarded death penalty to businessman Maninder Singh Pandher and his aide Surinder Koli guilty in the rape and murder of housemaid Anjali in 2006. Special Central Bureau of Investigation Judge PK Tiwari had held them guilty on Thursday, saying that they both deserved to be punished since both were involved in the crime. Maninder Singh Pandher has been found guilty in 3 cases - he has been sentenced to death in 2. His aide, Surinder, has also been also awarded death sentence in the 8 cases he has been guilty in. Chargesheets were filed against the 2 accused in 16 of the 19 cases, out of which 9 cases have been decided to date. (source: ddinews.gov.in) * New study: Former top judges acknowledge crisis in criminal justice system, yet back death penaltyA fascinating new study involving 60 former Supreme Court judges brings out the problem of arbitrariness in awarding capital punishment. Judges, especially those from the Supreme Court, have an aura of infallibility around them. They are expected to be objective enforcers of the spirit of the law, keeping aside their prejudices. Ideally, they are to be guided by the law alone. But there are areas in criminal jurisprudence where objectivity slips away and discretion takes over. This can have serious implications, especially if the matter involves the question of life and death. A fascinating new study undertaken by the Centre for Death Penalty and published by the National Law University, Delhi, brings out the many contradictions that plague the process of awarding the death penalty in India. As the debate on whether capital punishment should be abolished rages on, the study, which involved interviews with 60 former judges of the Supreme Court, has exposed serious flaws in the system and presents a solid argument in favour of getting rid of the death sentence. Many of the judges interviewed agreed to the fact that the criminal justice system is broken. That the police resort to all sorts of illegal means to ensure a conviction - they torture the accused, plant evidence and abuse laid down procedures. A weak legal aid infrastructure means that the accused, especially those from weaker sections of society, have no meaningful help to challenge these abuses. More disturbing, however, is the undermining of guidelines the Supreme Court put together in determining a fit case for death penalty. This is often referred to as the "rarest of rare" doctrine. Responses from the judges in the study suggest there was hardly any consistency in how they determined if the case was among the "rarest of rare", with socio-economic background, individual predilections and how the judges as individuals perceive the brutality of the crime often determining the end sentence. Worse, despite the Supreme Court itself having rejected public opinion as a guiding principle in awarding capital punishment, several judges pointed to the effect the crime committed on the public psyche as an important factor in sending the accused person to the gallows. The picture the study paints is this: despite attempts to regulate the award of death sentences, arbitrariness in determination is rampant. This leads to the next obvious question: if discretion drives decision-making, has the "rarest of rare doctrine" failed? The study The study, conducted over the last 18 months, interviewed 60 former judges of the Supreme Court. In India, any death penalty imposed by the trial court has to be confirmed by the High Court. The convict can then approach the Supreme Court in appeal. The decision of the apex court is final, keeping aside the Constitutional power of the President and Governors to commute the sentence or pardon the convict. The interviews are a fascinating window into the workings of the judges' minds when they deal with cases of capital punishment. The 1st part of the study involved eliciting the views of the judges about the current state of the criminal justice system. A criminal case typically involves 3 stages: filing of the case and investigation, judicial trial, and sentencing, which is essentially the awarding of punishment for the crime committed. The 1st stage depends heavily on the quality of the investigation agencies and the law that guides the process. The judges' responses clearly show that the police rampantly abuse procedures established by law to successfully prosecute those it believes have committed that particular crime. In the study, 38 of the 39 judges who discussed the use of torture in investigations believed that it was rampant. Only one judge, a former chief justice of India, said torture
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Dec. 7 INDONESIA: Death row inmate caught trafficking drugs inside prison, prosecutor asks he get death penalty, again Indonesian authorities ranging from President Joko Widodo to National Narcotics Agency (BNN) Head Budi Waseso, have justified the country's use of the death penalty on drug offenders (and the shooting of drug suspects at the slightest provocation) by arguing that the country is in the midst of a full-blown drug emergency. The statistics they use to make that claim are flawed, but there is a very clear law enforcement emergency taking place - inside of Indonesia's prisons. One of the reasons why the Indonesian people also strongly support the death penalty for drug dealers is because of numerous stories about criminals who manage to run narcotics operations even while in jail. The latest such incident involves a prisoner in Medan's Tanjung Gusta prison who was caught ordering 25 kg of crystal methamphetamines to be delivered to his penitentiary for distribution. What makes the case unique is that the 60-year-old prisoner, Togiman, was in prison after being sentenced to execution for smuggling large quantities of crystal meth and ecstasy. After BNN officers found a shipment of crystal meth Togiman had ordered delivered to Tanjunggusta in May, he was once again charged and underwent trial for trafficking. At the sentencing hearing on Tuesday the state prosecutor asked that Togiman be sentenced to death, again. "(We ask for) this heavy punishment against the defendant Togiman because he had previously received the death sentence," state prosecutor Dewi Tarihoran said as quoted by Tribun. In addition to Togiman, the prosecution asked that the 4 other involved in the drug smuggling operation be given life sentences. On top of the ridiculousness of sentencing a man to death twice (what'll they do, execute his ghost?), Togiman's case highlights the serious problems that exist within Indonesia's extremely understaffed, underfunded and notoriously corrupt prisons. Togiman was actually able to set up the drug order using a mobile phone from inside the prison and his operation was only caught by BNN officers who intercepted his delivery before it reached Tanjung Gusta . In June, BNN announced that they had discovered a drug criminal living in a "luxury cell" at East Jakarta's Cipinang Prison, complete with AC, wifi and even an aquarium. The warden, who claimed to have no knowledge of the prisoner's deluxe accommodations, was fired. But that's just the tip of the iceberg. If the Indonesian government is at all serious about actually tackling the nation's drug problem, then it must also be serious about reforming the penal system to prevent such outrageous acts from taking place. But instead, what we're seeing is both the president and the BNN chief espousing rhetoric advocating the shooting of suspected drug criminals at the slightest provocation, which has already led to a sharp increase in the number of police shootings this year. (source: coconuts.co) EGYPT: African Union calls on Egypt to 'immediately' suspend death sentences The African Union has called on the Egyptian government to repeal the death sentence in 20 new cases. The African Commission on Human and Peoples Rights, a body within the AU, has urged the Egyptian government to "immediately suspend" the death sentences. This measure came after the Egyptian Freedom and Justice Party (FJP), the party of ousted former President Mohamed Morsi, sent a complaint to the commission on behalf of the prisoners set to be executed. The FJP called on the commission to intervene and order an immediate suspension of the death sentences. "The Egyptian authorities have entirely ignored the commission's moratorium on the death penalty by failing to observe the defendants' right to a fair trial as per the guarantees included in the African Charter and other international treaties," the complaint reads. The complaint also claimed that evidence was gained via confessions through torture and denial of the right of access to lawyers. In one case, evidence in the complaint shows, one of those sentenced to death was in custody at the time of a bomb attack he was alleged to have carried out. The prisoners have all had their death sentences confirmed and are without further rights of appeal. 16 face imminent execution, the lawyers representing the case have said. The death sentences were imposed in trials following the military coup in 2013 which saw the removal and detention of Egypt's 1st democratically elected president. The Egyptian government has been criticised for its apparent lack of regard for human rights. Human Rights Watch, in its 2017 annual report, said that "Members of the security forces, particularly the Interior Ministry's National Security Agency, continued to routinely torture detainees and forcibly disappeared hundreds of people with
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Dec. 6 IRAQ: Commentary: Why Iraq should limit Islamic State trials At the height of its power in Iraq, Islamic State controlled 40 % of the country's territory and the daily lives of millions of Iraqis. Tens of thousands of Iraqis came to serve the IS administration, including as doctors, teachers, judges, cooks, and lawyers, arguably contributing to the group's control of the cities it occupied. Just as Iraqis were forced to join the Baath party under Saddam Hussein, many in IS-controlled areas say they were forced to join the group to keep their jobs - though no doubt some also supported IS's extremism. But today, under Iraqi law - and as urged by various United Nations resolutions - Iraq is trying to prosecute them all. Those convicted face life in prison or the death penalty merely for IS membership. But such broad prosecutions would be a grave mistake if Iraq is ever to establish some modicum of national reconciliation. There is global sympathy for Iraqi popular demands for justice against the IS criminals who mercilessly, even proudly, caused unimaginable suffering, death, and destruction in Iraq (and Syria) for 3 years. Our 21st century is now scarred with the modern medievalism of captive Yezidi women sold as slaves and journalists in orange jumpsuits beheaded with giant swords on live camera. Beyond the daily tyranny IS inflicted on Iraqis under their control, from public killings for minor offenses to strict codes of religious conduct ensnaring ordinary families, it caused the deaths and injuries of thousands of Iraqi soldiers deployed to defeat it. And IS militants certainly showed no respect for the laws of war or human decency in how they treated captured Iraqi soldiers. After Islamic State The UN has established a special investigative team to gather evidence of IS crimes to assist Iraqi courts in their prosecutions. But the international community has chosen to look away from the mass vengeance still under way at the hands of Iraqi soldiers: grotesquely torturing, beating, and executing IS suspects while arbitrarily detaining thousands of IS-related women and children in makeshift camps and prisons. While this vigilantism in the heat of war may well subside, the trials, jailing, sentencing, and execution of at least 10,000 IS suspects will go on for years, sustaining new grievances for a much greater number of Iraqi families, tribes, and communities. Our research into these prosecutions shows that they are rife with the same due process violations that have for decades tainted the Iraqi judicial system - detention in inhumane conditions based on flimsy evidence; allegations of severe torture to coerce confessions; no prisoner access to lawyers or families, who often don't even know if their loved one is alive; and summary trials, some lasting as little as 15 minutes but resulting in hastily-issued death sentences. Sadly, these trials don't even have the merit of establishing a judicial, historical account of IS's crimes against the Iraqi people and a real sense of justice for the victims. Instead, the only charge IS suspects regularly face is "membership in Islamic State," quite easy to prove with a 1-sentence confession, but with no effort to establish the full record of crimes, such as genocide under international law or rape and murder under Iraqi criminal law. There's no strategy to prioritize prosecution of those most responsible for the gravest abuses, instead of the "first in, first out" factory-line process, where, as one senior Iraqi judge insisted to us, "the Islamic State cook is as guilty as the Islamic State fighter." Victims of IS crimes, who should be able to testify about abuses they suffered and have the satisfaction of seeing the wrongdoers face justice in a court of law, are not included in these trials, leaving a vast disconnect between victims and the justice system. We already know that Iraqi courts have prosecuted at least 7,282 IS suspects under the counter-terrorism laws, and executed 92. Without a dramatic shift in approach, we will see hundreds more, if not thousands, executed, and ten times that number clogging Iraqi courts and prisons for decades. Men identified by Iraqi security forces as suspected Islamic State militants are presented at a media conference at the Iraqi military intelligence directorate in There is an alternative to this disappointing and dangerous outcome and it is well within Iraq's practical reach, if not within its immediate political will. Iraq can, and should, find alternatives to prosecution for the thousands of IS suspects who carried out no serious crimes or acts of violence. Let's face it: The reasons someone may have joined IS are complex and touch upon a long history of Sunni isolation, for which many in Iraq are to blame. A better (though no doubt imperfect) way to address the community betrayal such membership most deeply represents is to
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Ddec. 5 MAURITANIA: New 'Apostasy' Draft LawDeath Sentence Would Be Mandatory in Some Cases Mauritanian deputies should reject a new draft law that would make the death penalty mandatory for the crime of "insulting" or "mocking" God, the Quran, or the Prophet Muhammad, Human Rights Watch said today. On November 16, 2017, President Mohamed Ould Abdel Aziz's cabinet approved the draft legislation, which would eliminate the possibility under the current law of substituting a prison term for the death penalty if the offender promptly repents. 'Instead of decriminalizing apostasy, as the international treaties they signed would warrant, Mauritanian authorities are hurtling in the opposite direction, closing off alternatives to execution," said Sarah Leah Whitson, Middle East and North Africa director at Human Rights Watch. The cabinet's move came a week after an appeals court sentenced Mohamed Cheikh Ould Mkhaitir, a blogger convicted of apostasy, to a prison term. The court accepted his repentance as a basis for voiding the death penalty that another court had imposed on him for posting an article denouncing the use of religion to justify discrimination in Mauritania. The case attracted international attention, with some leading Islamists figures and political parties in Mauritania calling for the blogger's execution. Mauritania's current penal code, in article 306, imposes the death penalty for apostasy but allows for a lighter penalty if the defendant repents. If the National Assembly passes the draft law, the death penalty will be mandatory, without the possibility of reducing the punishment, for any Muslim who mocks or insults God, the Quran, Muhammad, the angels, or prophets. It would still allow people to escape the death penalty for renouncing the Islamic faith or professing belief in it while secretly disbelieving, provided that the offender repented under specified conditions. The timing of the introduction of this draft law is clearly related to the verdict handed down in the blogger's appeals hearing, Human Rights Watch said. A lower court sentenced Mkhaitir to death for apostasy in December 2014 for his article, in which he criticized fellow Mauritanians for citing incidents from the life of the Prophet Muhammad to legitimize caste discrimination in Mauritania. Mkhaitir belongs to the so-called "forgerons," which is viewed as a lower caste. An appeals court upheld the death sentence. But on January 31, 2017, the Supreme Court sent the case back for a new trial. On November 8, 2017, the Court of Appeals in Nouadhibou reduced Mkhaitir's punishment to 2 years of prison and a fine. The prosecutor general immediately challenged the appeals court ruling before the Supreme Court. The lowered sentence should have led to Mkhaitir's release, since he had been in preventive detention for nearly 4 years. But in the days since the ruling, one of the defense lawyers, Fatimata M'Baye, has been unable to locate her client. A presidential adviser reportedly stated that Mkhaitir had not been freed and would remain detained until the Supreme Court's review. His whereabouts are unknown. Mauritania's new draft law on apostasy and the failure of authorities to immediately release and void charges against Mkhaitir for his peaceful expression violate international law guarantees protecting free speech, such as those enshrined in the International Covenant on Civil and Political Rights (ICCPR), to which Mauritania has been a party since 2004. In its general comment number 34, the United Nations Human Rights Committee - the body of independent experts that monitors governments' compliance with the ICCPR - makes clear that "prohibitions of displays of lack of respect for a religion or other belief system, including blasphemy laws, are incompatible with the Covenant," unless they constitute incitement to discrimination, hostility, or violence. Both UN and African human rights standards on the right to life encourage countries to move toward abolition of the death penalty and in countries that retain it, make clear that it should be limited to the most serious crimes and may be imposed only after a fair trial. The African Commission on Human and Peoples' Rights has stated that: "In those States which have not yet abolished the death penalty it is vital that it is used for only the most serious crimes - understood to be crimes involving intentional killing." "Instead of introducing laws to toughen punishment for apostasy, Mauritania should be clarifying the legal status and whereabouts of Mohamed Cheikh Ould Mkhaitir, who should never have spent a single day in prison for his writings," Whitson said. (source: Human Rights Watch) MALAYSIA: Let judicial discretion in sentencing lead to total abolition of death penalty The Malaysian Bar welcomes the removal of the mandatory death sentence for drug offences and the restoration
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Dec. 4 SOUTH AFRICA: Tears flow at service for lawyer Jansen St Alban's Cathedral in Pretoria was packed to the brim yesterday as people from all walks of life came together to hail the man who made deep inroads in the law towards paving a better life for people, especially the poor. Among those who was there was former judge Mabel Jansen, who has not been seen much in public since she resigned from the judiciary. While everyone was still reeling from Jansen's sudden death a week ago and still very much mourning his loss, the day was all about paying tribute to a man who had fought injustice on behalf of the poor and marginalised. The 53-year-old Jansen died in Limpopo where he was doing what he loved most - consulting with a rural community about their land reform problems. Friend and colleague, Pretoria attorney Kgaugelo Baloyi, said Jansen would always be remembered as a champion for land reform and land restitution issues. "He mainly handled all the big problematic cases and we all sought advice from him. "His loss was extensive and the rural communities are reeling. They are asking who else is going to assist them the way he did." Baloyi said Jansen did not care about money. "Money was not an issue to him. He always said 'bring it on. Let's help the poor people???. He carried all the load himself. He always strove to save the poor people." Baloyi said Jansen was the one who used to push land reform matters in the Constitutional Court. He said that over and above leaving a huge legacy behind, "Jansen also leaves us with case law and precedent-setting judgments for those left to continue his legacy." (source: iol.co.za) MALAWI: Erase death penalty in our penal code - Balaka chiefs Chiefs in Balaka district have called on government to permanently remove death penalty in the penal code that was suspended in 2007. According to the Chiefs, Malawi needs to respect right to life of inmates who are sentenced to death. Senior Chief Nsamala; Has asked Govt to remove death penalty in the penal code. Speaking at the commemoration of 'cities of life' by Community of Saint Egidio in Balaka, Senior Chief Nsamala called on government to remove death penalty in the penal code saying the country should focus on transforming people who are sentenced to capital punishment. "We would have loved if government had removed death penalty in our penal code, some people are sentenced to serve jail terms without committing the offense and we may kill such person because they didn't have a lawyer to follow up the case for them to get justice," said chief Nsamala. Concurring with Nsamala, Inkosi Chathunya added that government must not give capital punish saying killing does not reflect Malawi being a God- fearing nation. Citing a Biblical story of Mose's life, Apostle Andrew Makharamba of Destiny Ministries International in Balaka said the country must transform those sentenced to have capital punishment to be responsible citizens. "When we read the Bible, Moses was a murderer, he killed someone in Egypt but look God used him to go and liberate the Israelites, what if he was sentenced to death penalty," said Makharamba. Responsible person for the Community of Saint Egidio in Balaka Potipher Magombo said the community is to ensure that Malawi has ommitted the death penalty in the penal code despite the law being declared unconstitutional. Every year the Community of Saint Egidio commemorate the abolition of death penalty in laws of countries in the World. This year's commemoration were under the theme "No justice without life". (source: malawi24.com) VIETNAM: Former Hanoi official could face death for embezzlementThe agriculture official is accused of pocketing over $660,000 from a state-owned firm he headed years ago. A former senior official in Hanoi is facing the death penalty for embezzling nearly VND15 billion ($661,500) from a state-owned company he was at the helm more than 10 years ago. Hanoi prosecutors have ratified charges against Phan Minh Nguyet, former deputy director of the capital city's agriculture department, for embezzlement, abuse of power and deliberately violating government regulations on economic management causing serious consequences. Nguyet was chairman and general director of the state-owned Hanoi Agricultural Development and Investment Company Ltd. (Hadico) between 2005 and 2014, before taking the post at the city's agriculture department. During his time at Hadico, Nguyet instructed his subordinates to commit a series of wrongdoings, according to the indictment. He illegally approved the construction of houses and retail booths for rent on land owned by the company. Nguyet and five subordinates, his chief accountnant and directors of member companies, pocketed most of the money, as well as payments from contractors for a high-tech agriculture project. The gang is
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Dec. 3 CHINA: Lawmakers to review espionage billThe amendment aims to work around Chinese spies' actions not being considered 'foreign aggression' due to the Constitution including China in the nation The Legislative Yuan's Judicial Committee is tomorrow to review a draft amendment to the Criminal Code proposed by Democratic Progressive Party (DPP) Legislator Wang Ding-yu stipulating that Chinese spies and their collaborators should be convicted of "offenses against the external security of the state". None of the punishments stipulated in the Criminal Code of the Armed Forces, the National Security Act, the Classified National Security Information Protection Act and the National Intelligence Services Act are strict enough to deter spies, Wang said. While those laws have been amended over the past few years to stipulate stricter penalties, they are still too lenient and have proven ineffective in deterring spies, he said. Former Chinese People's Liberation Army intelligence officer Zhen Xiaojiang, the mastermind behind the nation's most serious security breach, in 2015 received a 4-year prison term under the National Security Act. Retired major general Hsu Nai-chuan was given a 34-month sentence for colluding with Zhen, with his pension payments to resume once he leaves jail. Had the pair been tried under the Criminal Code, they could have received a life sentence or the death penalty. However, as the Constitution includes China in the nation's territory, their crimes are not legally regarded as "foreign aggression." The bill aims to circumvent the legal obstacle by changing the wording in the Criminal Code addressing espionage from "foreign nations" to "foreign nations or the nation's enemies" and from "enemy nations" to "enemies". The bill defines "enemies" as "countries or organizations that engage in armed conflict or a military standoff with the Republic of China", the wording used in the Criminal Code of the Armed Forces. Only by associating Chinese spies with offenses against the security of the state by a foreign aggressor can they be effectively curbed, Wang said. Wang submitted the legislation in November last year, but the Chinese Nationalist Party (KMT) caucus struck it down 10 times before the DPP caucus on Tuesday voted to send it to committee review. The Ministry of Justice said the laws are in place to punish any action that compromises national security or is against the nation's interests. It advised against amending the Criminal Code, saying that the wording in one of the bill's articles alternates between "enemies" and "enemy nations" and includes "the nation," which it called a loophole. (source: Taipei Times) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
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Dec. 2 THAILAND: Israeli Sentenced to Die for Killing Fellow Expat An Israeli man has been sentenced to die for the murder of a fellow Israeli last year, police said Saturday. Shimon Sakira Bitton, 50, was convicted and sentenced to die one year after he was arrested on suspicion of killing Eliyahu Cohen, a 63-year-old Israeli policeman, and hiding his body under poured concrete. The court convicted and sentenced him on the same day, according to the officer in charge of the investigation. "It's up to defendant whether to appeal the ruling," Col. Jirapob Puridej said Saturday. Defendants have 30 days to appeal their convictions. He continued, "I am happy to have successfully brought the criminal to justice. We did everything in accordance with the facts." The Israeli Embassy has not made a statement and could not be reached Saturday for comment. Police said Bitton murdered Cohen with the aid of his 17-year-old son in a fit of jealous rage. They began investigating Bitton after Cohen???s relatives told the Israeli Embassy he went missing. Investigators also linked him to a previous murder and concealed body from 1997. He served jail time before being booted out of the country, only to return years later under a new name. The suspense over Cohen's murder escalated when family of Bitton's Thai wife also reported her as missing. Although Thailand retains death penalty in serious crimes like first degree murders, an execution has not been carried out since 2009. A juvenile court verdict in the trial of Bitton's son is yet to be out. Col. Jirapob said Bitton's missing wife, Nantiya Saengurai, is still unaccounted for. She remains in the missing persons database and could not be ruled as deceased by the court for lack of evidence. "There is no evidence anyone has killed her," the colonel said. "For the court to declare someone dead, there must be some evidence, or a body. But in her case, there's no trace of her at all. Not even one witness." (source: khaosodenglish.com) RUSSIA: Death penalty moratorium will never be lifted - Russian ombudsman The Russian plenipotentiary for human rights, Tatyana Moskalkova, has said that the moratorium on death penalty in the country will be extended indefinitely. She added that in her opinion life in prison was an adequate replacement as a punishment. "I cannot decide on this subject but my opinion is that the moratorium will be extended because the sixth protocol on abolition of death penalty, that has been ratified by our nation, cannot be left unfulfilled, otherwise it would cause consequences connected with our membership in the Council of Europe," Moskalkova said during her lecture in the Moscow Institute of International Relations that was a part of the nationwide "open lesson" event dedicated to the issue of human rights. "Public opinion polls show that a significant part of our population support the death penalty as a punishment for those who commit a murder or a terrorist attack with human casualties. But life in prison can be an adequate alternative as it provides an adequate punishment for the evil and crimes committed by such persons," the ombudsman added. The moratorium on capital punishment was introduced in 1996 in connection with Russia's entry into the Council of Europe. The last execution in the Russian Federation took place on September 2, 1996. Many Russian politicians and officials have raised the issue of canceling the moratorium, especially after terrorist attacks or other brutal crimes that attract public attention. One of the more recent examples of such behavior is the proposal of the head of the Chechen Republic Ramzan Kadyrov who said in a televised interview in late November that he personally favored death penalty as punishment for convicted terrorist recruiters. However, the country's top authorities have so far refused to introduce any changes to the situation, claiming that the question was too complex. A public opinion poll conducted by the independent sociological agency Levada in February this year showed that 44 % of Russians wanted the death penalty returned and 41 % said they opposed this measure. 15 % of respondents said they did not have any opinion on the issue. In 2015, the share of those who supported it was 41 % with 44 % against. (source: rt.com) IRANexecutions 18 Executions Across Iran as MEPs Visit TehranParliamentary visits to Tehran encourage mullahs to continue executions Iranian regime executed 18 prisoners from the 22nd to the 29th of November. 10 of these hangings were carried out in Gohardasht Prison of Karaj, west of Tehran, including the mass execution of 9 prisoners on Wednesday, November 29th. 6 prisoners were executed in Tabriz Central Prison on November 22nd and 26th. 2 prisoners were hanged in the prisons of Babol (northern Iran) and Qaen (eastern Iran) on November 28th. Continuous
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Dec. 1 UZBEKISTAN: Imam Proposes Death Penalty for Radical Muslims A prominent imam in Uzbekistan has caused a stink by taking to social media to propose restoring the death penalty for supporters of the Islamic State militant group and the banned Islamist political party Hizb ut-Tahrir. "We should reserve punishments for them like the ones they have in Islamic states," Shermurov Togai, a well-known imam in Tashkent, said in a Facebook status update that has since been deleted. "We cannot spare the enemies of our religion and people who are hampering our freedom. They have become accustomed to free accommodation in prison, with free food and all the services for free." The tenor of the remarks reflects a marginally increased tolerance for outspoken views in Uzbekistan that has been ushered in under the rule of President Shavkay Mirziyoyev. Back in the days of the late president, Islam Karimov, religious figures like Togai typically avoided making public pronouncements of sensitive issues and spoke only to support the leader's policies. Togai said that he was motivated in his remarks by a desire to see peace and stability prevail in Uzbekistan. "I remember the early 1990s, when the Soviet Union collapsed and racketeering and mafia began to flourish in Uzbekistan. In those days, Islam Karimov introduced capital punishment and these things disappeared, and criminality and stealing cars came to an end," Togai told EurasiaNet.org. "Well, I thought if we brought in the death penalty for people who have gone astray and joined Hizb ut-Tahrir and the Islamic State, then maybe the number of people in those groups would stop growing." Togai said he was moved to delete his original Facebook posting because of the wave of critical comments posted under his remarks. "They insulted me with swearwords," he said. "Particularly internet users sympathizing with radical Islamists, most of whom live abroad." Togai's usual targets for criticism are representatives of Uzbekistan's entertainment industry, many of whom he feels have fallen under the sway of Western influences. As a teacher at a religious school in Tashkent told EurasiaNet.org, Togai belongs to an older generation of religious figures in Uzbekistan given to ultra-orthodox views about religion and the role of women in private life. "A person's life is priceless and to pass a death sentence on somebody requires good reasons. Perhaps he had in mind those Uzbek citizens who are fighting with Islamic State," the school worker, who asked to be identified only as Yakub, told EurasiaNet.org. "But even with those people it is necessary to do explanatory work. After all, people may have gone astray because of poor knowledge of the fundamentals of Islam." Islamic State and Hizb ut-Tahrir are both banned in Uzbekistan. Also, the death penalty has not been on the statute books since 2008. (source: eurasia.net) INDIA: Shiv Sena Seeks Death Sentence For Rape Of Girls Below 12 Years Of AgeNoting that nobody, neither a child nor an elderly woman, was safe, the Sena said the security of women and minors had become an issue of grave concern. The Shiv Sena today called for awarding death to those convicted of raping girls aged 12 or below, on the lines of a similar proposal cleared by the Madhya Pradesh government. Noting that nobody, neither a child nor an elderly woman, was safe, the Sena said the security of women and minors had become an issue of grave concern. Strengthening the laws may not change the mentality of criminals or stop such crimes, but would send a stern message across, the ruling party ally said in an editorial in Sena mouthpiece 'Saamana'. The remarks came a day after a sessions court in Ahmednagar district sentenced three men to death for the brutal rape and murder in 2016 of a 15-year-old girl in Maharashtra's Kopardi village. The incident had triggered protests across the state. The Madhya Pradesh government on November 26 cleared a proposal for a law on awarding the death sentence to those guilty of raping girls aged 12 or below in the state. The Bill will now be presented before the MP Assembly in the ongoing winter session of the state's Legislature. The Shiv Sena said in the last few years, cases of atrocities against women had increased across the country and female safety had become an issue of grave concern. "On top of it, the perverse mentality of people has gone to such an extent that nobody, including infants and old women, is safe," the editorial said. The Shiv Sena said after the 2012 gang rape case in Delhi, the laws for crime against women were made stringent and changes were made in the definition of rape and its punishment. "The government of Madhya Pradesh has gone a step ahead. It has brought rape of females below the age of 12 years under the death penalty. This law mandates that those convicted of the crime will be hanged
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Nov. 30 MALAYSIA: MP: Convicted traffickers must be allowed review of death sentenceAny new amendment to the Dangerous Drugs Act should be retrospective in nature and apply to all, says Ramkarpal Singh. An opposition MP has urged Putrajaya to also make amendments to the Dangerous Drugs Act (DDA) to allow those already convicted for trafficking to apply for a review of their death sentence. Ramkarpal Singh said it would be most unfair and inhumane to exclude convicted persons and only apply the amendments to those who were on trial or whose cases were on appeal. The Bukit Gelugor DAP MP said he had proposed two amendments that would enable the DDA amendments to be applied retrospectively and enable those already convicted or currently on death row to ask for a review of their sentence in the High Court. "After all, both categories of persons are charged for the same offence and the new law should apply equally to all affected, which will be consistent with our Federal Constitution," he said in a statement. Last week, Ramkarpal and Batu Kawan DAP MP Kasthuraani Patto had said in a joint statement that the government ought to consider the principle that all persons are equal before the law and allow the amendments to apply to all, regardless of when the offence was committed. The duo said it was inhumane and blatantly discriminatory on the part of the government not to do so. Earlier, Minister in the Prime Minister's Department Azalina Othman Said said the government would amend an earlier proposal and give full discretion to the judge to mete out life imprisonment instead of the death penalty. Lawyers, civil society and opposition MPs were up in arms following an initial suggestion that the public prosecutor would have a role in the sentencing of traffickers. It was suggested that the public prosecutor would issue a certificate to the court to impose a jail term on the convicted trafficker for their cooperation with law enforcement agencies during investigations. Ramkarpal, who is a lawyer and accustomed to handling persons charged with trafficking and possession cases, said it was imperative for the public prosecutor not to play any part in the sentencing process. "I am happy the government has recognised this vital principle by amending the said section and maintaining the position that sentencing must always remain in the domains of the judiciary," he said. The amendments are expected to be debated in the Dewan Rakyat later today. (source: freemalaysiatoday.com) INDIA: Death to man for rape-murder of 3-year-old A local court in Bihar has sentenced a man to death for the rape and murder of a 3-year-old girl - the 2nd such punishment to the rapists in a fortnight. The harsh judgement comes amid a spate of rape cases rocking the eastern Indian state of Bihar in recent months. Special Judge of Protection of Children from Sexual Offences (POSCO) at Biharsharif town in Nalanda district sent the accused to the gallows on Wednesday after charges against him were found true on the basis of evidence presented to the court by the police. As such the court served double punishments to the accused for his "heinous" crime. Even as the accused was awarded death for murdering the little girl, at the same time he was also handed out life imprisonment for rape. In addition to that, the court also imposed a monetary fine on the accused for the dastardly double-crime. The incident took place at Babhanbarui village in Nalanda district in September 2014. According to the police, the accused had come to his in-laws' home located at this village, but as their house was found locked, the victim's mother had given him shelter at her home since he was a guest. It was during the time that the accused lured the 3-year-old girl on the pretext of giving her sweets and took her to an isolated field where he raped her before killing her. After committing the crime, the accused also tried to destroy the evidence by burying the victim in a ditch. This is the 2nd such punishment handed out in the past one fortnight in Bihar. Earlier this month, a local court in East Champaran district had handed out death penalty to another accused for murdering a 2 1/2-year-old baby after rape. Reports said the victim's family members were enjoying at home as it was Holi time when the accused took the baby to an isolated place and raped her before killing. Initially, a case of missing was registered with the police but soon it was converted into murder after her body was recovered from the field. The incidents of rape remain a matter of grave concern in Bihar, and according to an official report, a total of 922 cases of rape have been reported till September this year. Last year, altogether, 1,008 incidents of rape had been reported, followed by 1,041 incidents of rape in 2015, 1,127 in 2014 and 1,128 in 2013. (source: Gulf News)
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Nov. 29 INDIA: Death for 3 in Kopardi minor rape-murder case The 14-year-old girl belonging to the Maratha community was found raped and murdered on a field on July 13, 2016 More than 16 months after the rape-murder of a minor in the remote village of Kopardi in Ahmednagar sent shockwaves across Maharashtra, a special court on Wednesday pronounced the death sentence for the 3 accused. The tension was palpable in the courtroom as Jitendra Shinde (25), Santosh Bhaval (36) and Nitin Bhailume (26) were produced. All the 3 stood with impassive faces as Additional Special Judge Suvarna Kevale awarded the death sentence to each of them. The proceedings began at 11:25 a.m. as a massive crowd gathered outside the court amid heavy security. A roar was heard outside the courtroom after the sentencing was passed. "I had full confidence in the court and knew that justice would be served...we have waited every single day for nearly 1 1/2 years for this judgement," said the victim's father. All three convicts can appeal against the judgement in the Bombay High Court. Earlier, high security was put in place by the district administration before the commencement of the proceedings, with flying squads of police personnel stationed at every possible pocket in Kopardi as well as in various parts of Ahmednagar district. Nearly 1,000 policemen were deployed with entry restricted to the courtroom. While concluding the arguments on the verdict on November 23 last, Special Public Prosecutor Ujjwal Nikam urged the special court to award maximum punishment to the three offenders, given the particularly gory and brutal nature of the crime that occurred on July 13 last year. "Extremely cold-blooded murder" Mr. Nikam, who had dubbed the murder as "extremely cold-blooded", touched upon 13 points in the crime to argue that the accused deserved capital punishment. The convicted trio "remained unrepentant of their crime" before and after the tragedy, showing no contrition. A criminal conspiracy was hatched by the trio to rape and murder the victim between July 11 and 13, he had said, adding that "society would get a wrong message if the death sentence was not awarded in so gory a case". Counsels for the accused, while pleading for mitigation of their sentences, had said that a death sentence judgement could intensify social tensions between communities. The victim as well as the accused hail from the same area. The case, which has been closely tracked by political parties and social outfits, had acquired a peculiar urgency owing to the potentially explosive nature of the crime in creating acute social divisions. The incident has been likened to the 2012 Nirbhaya rape case in the extent of its brutality, with medical reports suggesting that violence of a particularly feral nature was inflicted on the minor victim. Here is a timeline of the case: July 13, 2016: The 14-year-old girl belonging to the Maratha community is found raped and murdered on a field. July 15, 2016: The Ahmednagar police arrest accused number 1, Jitendra Shinde from the Shrigonda Taluk. July 16, 2016: Santosh Bhaval (accused no. 2) is nabbed from the Karjat Taluk. July 17, 2016: Nitin Bhailume (accused no. 3) is arrested in Pune. All 3 are believed to have worked as contractual workers in private companies or at construction sites. July 24, 2016: Chief Minister Devendra Fadnavis visits the kin of the victim amid intense clamour for speedy justice on the part of Maratha outfits and various social organisations and political parties across the State. October 7, 2016: Nearly 3 months after the crime, a 350-page charge sheet is filed by the prosecution in the Ahmednagar district and sessions court under sections 302 and 376 (a) of the Indian Penal Code (IPC). October 17: Prosecution frames charges against the 3 accused. May 24, 2017: Prosecution closes its evidence after examining a total 31 witnesses. November 18, 2017: A special court holds the accused guilty of raping and murdering the minor. November 21, 2017: Counsels for Shinde and Nitin Bhailume begin arguments on the verdict, urge for mitigation of sentence. November 22: Counsel for Bhaval finishes arguments on the verdict; Mr. Nikam pushes for the death sentence in his arguments. November 29: Ahmednagar Sessions court awards the death sentence to the accused. (source: thehindu.com) BANGLADESH: Mass Death Sentences ConfirmedMutiny Trials Rife With Procedural Flaws, Torture Allegations The Bangladesh government should agree to new trials meeting international standards for members of the former Bangladesh Rifles (BDR) accused of mutiny and murder, including 139 whose death sentences were upheld on November 27, 2017, by the High Court, Human Rights Watch said today. The court also upheld life sentences for another 146 people. On February 25 and 26, 2009, members of the BDR mutinied against
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Nov. 28 SAUDI ARABIAexecutions Saudi Arabia executes 7 for murder, drugs offences Saudi Arabia on Tuesday executed 6 Yemeni men convicted of murder and robbery and a Saudi man for smuggling drugs, the interior ministry said. The Yemenis were convicted of forming a gang that killed 2 men and a woman in 3 separate attacks on homes in the southern province of Assir, it said in a statement cited by the SPA news agency. In each attack, they also stole cash and other items, the statement added. They were executed at Abha in the southwest of the Gulf kingdom. The 7th convict, a Saudi, was executed in the northern city of Tabuk after being convicted of smuggling pills, the ministry said. Saudi Arabia, where executions are carried out in public by the sword, has one of the world's highest execution rates. The kingdom is governed under a strict form of Islamic law, with suspects convicted of "terrorism", murder, rape, armed robbery and drug trafficking facing the death penalty. Tuesday's executions take the total number of judicial killings in the ultra-conservative country so far this year to 130, according to data compiled by AFP. (source: channelnewsasia.com) IRANexecutions 3 More Executions in Tabriz 3 prisoners were hanged at Tabriz Central Prison on murder charges while 3 other prisoners were hanged at the same prison on Wednesday November 22. According to a report by HRANA News Agency, on the morning of Sunday November 26, 3 prisoners were executed at Tabriz Central Prison (Northwestern Iran). The prisoners were sentenced to death on murder charges. 1 of the prisoners was identified as Taher Amini, 30, from Maragheh. The prisoner was from ward 9 of Tabriz Central Prison. The 2 other prisoners, who were from ward 12, have not been identified. 3 other prisoners were executed at the same prison on similar charges only 4 days before these executions, on Wednesday November 22. The execution of these prisoners has not been announced by the state-run media so far. According to Iran Human Rights annual report on the death penalty, 142 of the 530 execution sentences in 2016 were implemented due to murder charges. There is a lack of a classification of murder by degree in Iran which results in issuing death sentence for any kind of murder regardless of intensity and intent. (source: Iran Human Rights) BANGLADESH: Gallows-glut justHC highlights necessity of stern sentence while upholding death penalty for 139, life term for 185 in BDR carnage case The High Court has confirmed death penalty for 139 out of 152 accused who were given capital punishment by a lower court for their involvement in the massacre during the BDR mutiny in 2009. Terming the offenders "most brutal" and "cold-blooded" murderers, a 3-member special HC bench pronounced the verdict yesterday in the biggest-ever criminal case in the country's history in terms of number of accused and people convicted. "The most brutal, cold-blooded murderers who committed murders/crimes showing a vicious and wanton disregard for innocent human life, such individual, by their actions, have unequivocally demonstrated that they are a threat to other members of society so long as they are alive," it said, regarding the necessity of capital punishment in this case. "In order to ensure that the society is completely protected from these dangerous murderers, the only recourse is the finality of capital punishment," said Justice Md Nazrul Islam Talukder while delivering the judgment in a jam-packed courtroom. "Accordingly, we are of the view that the application and imposition of death penalty as a punishment will certainly and clearly enhance the law and order situation of the country and help reduce and prevent the gruesome murders and inhuman offences of rape in the society as a whole." The 2 other judges of the bench -- Justice Md Shawkat Hossain and Justice Md Abu Zafor Siddique -- agreed with the observations. The bench started delivering the judgment on Sunday as it had earlier held hearing on the death references and appeals for 370 days. In the verdict, the High Court commuted death sentence of 8 of the 152 to life imprisonment and acquitted 4 others. 1 of the death sentenced accused died during the hearing of the appeals and death references at the HC. It upheld life imprisonment of 146 out of 160 convicted by the trial court, and acquitted 12 of them. 2 convicts died during the HC proceedings. The HC upheld 10 years' term for 182 out of 256 and awarded each of 2 accused to 10 years and 3 years in jail at the same time. The sentences of the 2 will run concurrently, meaning that they will have to serve 10 years. The HC sentenced 8 accused to 7 years and 4 others to 3 years in jail. Of the 256, 29 were acquitted, Deputy Attorney General KM Zahid Sarwar Kazal told The Daily Star. Of the 256, 28 did not file appeal against the
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Nov. 27 BANGLADESH: 139 get death penalty, 185 life term, Torab Ali, 48 others acquitted The High Court on Monday upheld death penalty for 139 and commuted death penalty to life term for 8 in the much-talked about BDR mutiny case. The HC also acquitted 4 who had got death penalty and upheld life term for 146 out of the 160 who had been awarded life term by the trial court. Of the 160 who got life term, the remaining 12, including ruling Bangladesh Awami League (AL) local leader Torab Ali, were acquitted. A 3-member HC special bench led by justice M Shawkat Hossain also sentenced 37 more to life term and 196 to different terms. The HC acquitted a total of 49 convicts who had been sentenced to different terms. The other 2 members of the bench are justice Md Abu Zafar Siddique and justice Md Nazrul Islam Talukder. The HC bench had started reading out the verdict of about 10,000 pages on Sunday, but could not complete and resumed reading it out today and pronounced the verdict this afternoon. Earlier on 3 April, the HC bench kept the verdict as Curia Advisari Vult (CAV) after concluding the hearing on the appeals and the death references. A Dhaka court on 5 November 2013 sentenced 152 BDR members of the erstwhile Bangladesh Rifles and 2 civilians to death, and 161 others to life imprisonment for their involvement in the BDR mutiny. A total of 257 appeals were filed with the High Court against the lower court verdict. 74 people, including 57 army officials, were killed in the BDR mutiny on 25-26 February in 2009 at the Pilkhana headquarters in Dhaka. The paramilitary force was later renamed Border Guard Bangladesh aka BGB. (source: prothom-alo.com) SRI LANKA: SC fixes date to hear appeal against death penalty The Supreme Court of Sri Lanka on Monday fixed the date to hear the appeal filed by former United People's Freedom Alliance (UPFA) parliamentarian Duminda Silva and 4 others against the death penalty imposed on them by the Colombo High Court. A 3-judge bench comprising Chief Justice Priyasath Depp and Justices Buwaneka Aluvihare and Vijith Malalgoda heard the petition on Monday, the ColomboPage reported. The bench ordered the petition to be taken up again on March 29 before a 5-judge bench. (source: uniindia.com) UNITED ARAB EMIRATES: Rapist, killer of 11-year-old Pakistani boy in Abu Dhabi gets death sentence The Pakistani man accused of strangling an 11-year-old boy to death after raping him at the rooftop of their Abu Dhabi building has been sentenced to death. The Abu Dhabi Criminal Court of First Instance on Monday morning handed out the execution sentence to the 33-year-old man after he was found guilty of murder, rape and a number of other charges. Accused claims he was never at crime scene The court has also ordered the killer to pay Dh200,000 in compensation to the child's family for what they have gone through for the loss of their child. The Pakistani boy, identified as Azan Majid, was found missing on June 1, 2017, after he went to a nearby mosque to pray. His body was found the next day at the rooftop of the building on the Muroor Road where he was staying with his father and stepmother. Court records stated that the boy was sexually abused and strangled to death with a rope by the Pakistani national, who is also related to the child. Accused plotted boy's rape, murder for months Police revealed that the man cross-dressed to carry out the attacks on the child, after luring the boy into going with him to the rooftop of the building. The Abu Dhabi Public Prosecution charged the Pakistani with premeditated murder, raping the child, cross-dressing and driving a car without a number plate. The man had denied all charges against him throughout his hearing. He told the judge that his confession at Police and Public Prosecution was all under duress. Accused fit to stand trial Prosecutors had demanded that the Pakistani be given the death penalty if convicted because he committed grave sins that affected not only the child's family but also the community. The boy's Pakistani father said after the ruling that he was happy justice has been served. He also demanded that the killer be executed in the public so other people learn that it's bad killing an innocent person. The parents had in the previous hearings told court that they won't pardon the killer in return for anything but rather, they want the man to be executed. "We are asking for a death penalty if he's found guilty of murder," the parents told the judge. "We want him to be executed for what he did to our son, nothing else. We won't accept blood money from the killer." The death sentence can be appealed within 14 days after the issuance of the ruling. (source: Khaleej Times) *** Dubai Death Penalty Case: British Man Denies Intentionally Killing Wife 3 police officers testified in court on
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Nov. 26 IRANexecutions 4 Prisoners Hanged A prisoner was hanged at Rajai Shahr Prison on Moharebeh charges and 3 other were executed at Tabriz Central Prison on murder charges. Execution in Karaj According to a close source, a prisoner was executed at Rajai Shahr Prison charged with Moharebeh (waging war against God) on Wednesday November 22. The prisoner, identified as Majid Sa'adat, was transferred to solitary confinement on Wednesday November 15. On Wednesday November 21, he was returned to his cell, while his execution was thought to have been stopped. However, he was transferred to solitary confinement again on Wednesday and was executed. Majid Sa'adat was convicted of Moharebeh, while there is no information regarding his criminal offence and the evidence against him. "Majid Sa'adat extorted some of the Iranian authorities by posing as government officials and an agent of the Ministry of Intelligence. However, he was never aggressive and did not use cold weapons or guns, which would make his crime count as Moharebeh," Said one of the prisoner's relatives to Iran Human Rights (IHR). IHR is investigating further into this case. Execution in Tabriz According to a report by HRANA News Agency which is also confirmed by Iran Human Rights (IHR), on the morning of Wednesday November 22, 3 prisoners were executed at Tabriz Central Prison on murder charges. Kurdistan Human Rights Network identified the three prisoners as Jamal Qanbari from Tabriz, Sa'ed Askari from Mianeh, and Ali Delgoshadi from Mamqan. The executions of these prisoners have not been announced by the state-run media so far. (source: Iran Human Rights) PAKISTAN: 2 get death penalty in murder case Additional District and Sessions Judge Ejaz Ahmad on Saturday awarded death sentence to 2 accused involved in a murder case of Sadar police station. According to the prosecution, Muhammad Nawaz with his 2 accomplices Qaisar and Rizwan had gunned down Sohail Anjum at Chak 5/NB over some business matters on February 3. The court awarded 50 years jail imprisonment to Nawaz and Qaisar with a fine Rs1 million as compensation money for the family of the victim while the court acquitted Rizwan. (source: The Express Tribune) Culture Circle: Play on prisoners on death row to be staged on 28th, 29th Ajoka Theatre in collaboration with Justice Project Pakistan and Alhamra Arts Council are set to stage their co-production, Intezaar, on Nov 28 and 29 at Alhamra Art Centre, The Mall. The play, written by Shahid Nadeem and directed by UK-based director Dina Mousawi, is based on true stories of prisoners on death penalty in Pakistan. It is a unique project that has brought 4 organisations together committed to human rights and socially meaningful art. Supported and coordinated by Justice Project Pakistan and Highlight Arts, London, the project has been developed by creative partners Ajoka and Complicite, London. An evening was organised in memory of poet and writer Aqeel Ruby in connection with his 3rd death anniversary at Punjab Institute of Language, Art and Culture (Pilac) on Thursday. Speakers, including Syed Noor, Asim Bokhari, Pervaiz Kaleem, Dr Kanwal Feroze and Yousaf Punjabi paid tributes to Ruby. Syed Noor said that the success of his movies such as Choorian, Majajan and Mehndi Walay Hath had immense contribution from Ruby in the form of his beautiful poetry. Pilac Director General Dr Sughra Sadaf said the centre would publish Punjabi literature written by Ruby. He was a university in himself and had great command over Greek philosophy. Ruby's widow, Begum Bushra Aqeel, announced that the literary collection of her husband, including books, would be donated to the Pilac library. A classical dance performance is scheduled to be held at Ali Auditorium on Sunday (today). Faiz Foundation Trust has flown in a 10-member classical dance team from the US to present a dance drama. Titled 'The Forgotten', the performance will be based on the history and life of Empress Noor Jahan. It aims to explore Noor Jahan's strength and influence in 16th century Mughal India, and how she maintained her power in a male-dominated empire, only to be almost forgotten in the latter years of her life and in death. Through an enthralling performance of South Asian classical dance, live music, stunning visuals and theatre, kathak artist Farah Yasmeen Shaikh, director Matthew Spangler and music director Salar Nader, along with their team of musicians and actors, will deliver the performance surrounding this powerful woman. (source: dawn.com) INDIA: Cabinet approves death penalty for convicts raping 12-year-old and belowMadhya Pradesh Finance Minister Jayant Malaiya said, "Any person convicted for raping 12-year-old minor or below will be sentenced to death." Madhya Pradesh Cabinet approves death sentence for rape convicts in the
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Nov. 25 EGYPT: Egyptian court gives death penalty to 7 for killing Christians A court in Egypt today gave the death penalty to 7 people and sent 10 more to life in prison for beheading 21 Egyptian Christians in Libya and for joining a terrorist organisation affiliated to the Islamic State. The Cairo Criminal Court also sent 3 others to 15 years in prison in the same case. The court found that the convicts had joined the "Marsa Matrouh cell", which is affiliated to IS in Libya. They were also found guilty of joining training camps in Libya and Syria, planning terrorist attacks in Egypt, possessing weapons, inciting violence and participating in killing of 21 Christians in Libya in 2015. The court ordered that all convicts, except those sentenced to death, remain under police surveillance for 5 years after serving their sentences, local media reports said. The sentencing came a day after the deadliest terrorist attack on worshippers at a mosque in Egypts restive North Sinai region. The death toll in the attack today rose to 305. The Egyptian security forces, meanwhile, have continued their air strikes against terrorists involved in the attack. Army spokesperson Tamer el-Refai said in a statement that the Air Force destroyed a number of terrorists hideouts and the Army was conducting raids to eliminate terrorists. (source: intoday.in) BELARUS: Belarus president refuses to overrule nation's decision on capital punishment People voted in the death penalty referendum, and I have no right to overrule this decision, Belarus President Alexander Lukashenko said while talking to the media, BelTA has learned. The head of state noted that Europeans often ask the Belarusian authorities to suspend, prohibit the death penalty. "I can not overrule the decision taken by the people," Alexander Lukashenko underlined. "Should we want to do so, then we must hold a referendum," the president said. "If we take this issue to a referendum, I don't need to tell you what the result will be. You know it yourselves," the Belarusian leader said. When meeting with the German foreign minister I said to him that if Germany takes this issue to a referendum at a time when Europe and many countries are exposed to terrorist attacks you know, what the outcome will be. People see that death penalty may be a strong disincentive for some 'hot heads'. So I tell him that maybe Europeans will soon turn to our experience," he said. "With regard to death penalty, I asked him a question: you are big friends with some countries in the Middle East and other regions, the United States. Why do not you ask them the things that you want from Belarus? He would not answer. Therefore, I think we will come to an agreement in this regard," the president said. The head of state also noted that there are a lot of issues related to security in the world and in the region. Belarus is playing a big role and can play an even bigger one. "Today Belarus is a quiet, orderly, dignified country, a kind of donor of security on the European continent and its status is raising in Europe," the head of state believes. "We see, we hear, we appreciate it and we will always go halfway to accommodate the interests of the European states if we are not made to choose (as it was before, not anymore) between Russia or Europe," he said. The president said that "Russians are our brothers". "Are they good or bad? You do not choose brothers. They may not like us in some things either. But we are kindred people. Therefore, there is no asking us the question who you are with. We will be friends with Europe, we will be working with Europe, but Russia is dear and very important to us," the head of state noted. (source: belta.by) ** PACE discusses abolition of the death penalty in Belarus Andrea Rigoni, a special rapporteur on Belarus of the Parliamentary Assembly of the Council of Europe, is on an official visit to Minsk to discuss the perspective regarding abolition of the death penalty. Negotiations with the Belarusian MPs are taking place against the backdrop of the Eastern Partnership Summit, which kicked off Friday in Brussels, and where Belarus is represented by its Minister of Foreign Affairs Vladimir Makei. Rigoni, who was invited to the capital of Belarus by the government, is expected to participate in parliamentary discussions on the problems of applying capital punishment in the national legislation. Yesterday, after the meeting with the Vice-President of the Belarusian National Council (Parliament), the rapporteur said that the PACE "wants not only a closer approach from Belarus towards the values of the Council of Europe but also wants the republic to join the organisation". "Currently relations between Belarus and the Council of Europe are very positive. This is also confirmed by the fact that we are presently organising joint events. Belarus is
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Nov. 24 IRAN: Nobel Laureates Protest Iranian Researcher's Detention, Death SentenceDisaster medicine researcher Ahmadreza Djalali was convicted of spying for foreign governments. 75 past Nobel winners have signed a letter to the Ambassador to the Mission of Iran to the United Nations calling for the release of Ahmadreza Djalali, Nature reports. Djalali carried out disaster medicine research in Sweden and Italy before he was arrested in Tehran in April 2016 and sentenced to death for espionage. Prosecutors linked the Iranian-born scientist to the deaths of several nuclear scientists in the country, according to Nature. "[A] document based on a handwritten text by Dr. Djalali has now raised the suspicion that it was his refusal to work for the Iranian Intelligence Services, which led to this unfair, flawed trial," the letter states. Citing several similar petitions, it urges Iranian authorities "to let Ahmadreza come back home to his wife and children, and to continue his scholarly work for the benefit of mankind." Djalali had lived with his wife and 2 children in Sweden, where he worked for the Karolinska Institute, according to Reuters. Among the others calling for Djalali's release is the human rights group Amnesty International. In a statement last month after the death sentence was made public, the group's research and advocacy director for the Middle East and North Africa, Philip Luther, said, "Ahmadreza Djalali was sentenced to death after a grossly unfair trial that once again exposes not only the Iranian authorities' steadfast commitment to use of the death penalty but their utter contempt for the rule of law." (source: the-scientist.com) GHANA: 22-year-old man gets death sentence for killing 2 Americans at Akwamufie A High Court in Accra has sentenced a 22-year-old man, Yaw Anokye, to death by hanging for the gruesome murder of 2 African-American women at Akwamufie in the Asuogyaman District of the Eastern Region, in May 2015. Yaw Anokye was found guilty by a 7-member jury after he had confessed to killing the 2 women in their 70s. Delivering her judgment, the Judge, Justice Merley Afua Wood, asked God to have mercy on the soul of the accused as he was about to face death. The 2 deceased persons, Mane Lena, 75, and 69-year-old Diop Nzanga, were kidnapped, murdered and buried in a shallow grave in 2015. Police in Akosombo found the bodies of the 2 after they were reported to have gone missing. Their bodies were exhumed after Acting President of the Akwamu Traditional Council dispatched over 70 people to complement a police search for the 2 when it became apparent they had gone missing. About the 2 women The 2, who dealt in batik and tie-dye, had lived in a small settlement near Akwamufie for more than 18 years. At the time, no reasons were assigned for the murder of the 2 expatriates, but some linked it to some community disagreement rooted in chieftaincy matters. The Omanhene of the Akwamu Traditional Area, Odeneho Kwafo Akoto III, expressed shock at the murder of the 2 American women. He said Akwamus had over the years lived with many strangers and settlers, including foreigners, on their land, without any problem. On death penalty in Ghana The last time the Ghana recorded an execution of a convict, was in 1993, when then-president John Rawlings ordered the execution of 12 convicts via a firing squad. According to Amnesty International Ghana, as at September 2016, there were 137 prisoners on death row, who have not been executed. As a result, many have pushed for Ghana to do away with the death penalty from Ghana's legal system since it is not enforced. Those opposed against the death penalty have argued that it is not the right punishment for a convicted murderer but retributive. Death penalty has been in the country's statute books since the application of the English common law in 1874, but in practice, no execution has been recorded since July 1993. According to the proponents, much as the sentence may be seen in a wider sense as fairness, it doesn't deter people from committing such crimes. (source: ghanaweb.com) ST. LUCIA: Killing convicted criminals is not the solution: Montoute Montoute doesn't believe in the death penalty as a method to decrease crime. Minister for Equity, Social Justice and Empowerment, Lenard Montoute has said that while crime is of serious concern to the island, he does not believe that capital punishment, also known as the death penalty, will restrict criminality. He shares a different opinion from National Security Minister Hermanguild Francis who recently indicated his support for the death penalty. Francis also bemoaned the practice of criminals being handed down minimal sentences despite the fact that their offenses warrant more severe punishment. Montoute said, "I happen to be one who does not believe that capital punishment is a
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Nov. 23 ZIMBABWE: Con-woman dupes desperate cash seekersOver 50 arrested for drug trafficking since 2012 More than 50 Zimbabweans, mostly women, have been arrested in various countries since 2012 for drug trafficking. Drug cartels have been increasingly using Zimbabweans as mules to transport hard drugs to Asian countries, where such crimes attract a death sentence or life imprisonment. In June this year, 3 Zimbabwean students were arrested in Cyprus on allegations of drug trafficking amid revelations that a number of Zimbabwean students studying in that country were being forced into crime and prostitution after being offered fake university scholarships. Parliamentary Portfolio Committee on Foreign Affairs chairperson Cde Kindness Paradza revealed this while addressing the Bulawayo Press Club. In March last year, a Zimbabwean woman was arrested at Delhi Airport in India after she was found with 2 kilogrammes of cocaine worth $1,5 million. In May 2016, Secretary for Foreign Affairs Mr Joey Bimha said they had received reports of 10 Zimbabweans arrested in China over drug trafficking, with about 3 women on death row in Beijing. Last year in August, South African Police arrested 3 Zimbabweans - Aaron Kasirori (36), Tendai Chaparadza (41) and Tafadzwa Moses Magurira (32) - after they intercepted their truck, which was carrying 10kg of heroin worth more than R2 million smuggled through Beitbridge Border Post. A 27-year-old Zimbabwean woman living in Hillbrow, Johannesburg, was arrested at Cape Town International Airport for being found in possession of tik (crystal methamphetamine) valued at R1 822 million in July last year. In March 2012, a Zimbabwean woman was arrested in Hong Kong after being found in possession of hard drugs while en route to Thailand. 2 other Zimbabweans were also languishing in Malaysian jails after being found in possession of cocaine. Regina Makwembere (40), was found in possession of amphetamine drugs in her luggage at the Hong Kong International Airport. Amphetamine is a psycho-stimulant drug that produces increased wakefulness and focus in association with decreased fatigue and appetite. Her arrest followed several warnings issued by the Ministry of Foreign Affairs to Zimbabweans to be wary of international drug syndicates that reportedly target locals. At least 16 Zimbabwean women are stuck in Asian jails, 14 convicted of drug smuggling and 2 others awaiting the conclusion of their trial and face the death penalty if convicted. (source: herald.co.zw) EGYPT: Muslim Brotherhood-backed party submits legal complaint over Egypt executions Egypt's banned Freedom and Justice Party (FJP) has issued a complaint to the African Commission on Human and Peoples' Rights over the use of the death penalty in Egypt. The complaint was submitted by the FJP, which is the political wing of the Muslim Brotherhood, through the London-based law firm ITN Solicitors and the international law specialist Rodney Dixon QC, and refers to 20 people in five separate cases currently facing execution. In a statement released through ITN Solicitors on Wednesday, the FJP argued that "serious evidential and procedural flaws" took place during the trial of those facing the death penalty, including the obtaining of evidence through torture. They called on the commission, which operates under the auspices of the African Union, to order the cessation of the execution orders. The commission called for a moratorium on the death penalty among AU member states in 2008. ???All Egyptians are entitled to the protections offered by a fair legal process as guaranteed in the African Charter," said Tayab Ali, a partner at ITN Solicitors, in a statement. "This cannot be more important than when the punishment for guilt is death. In this case, the defendants did not have a trial that can be remotely described as fair." "Now that the Egyptian courts have finalised the death penalties imposed on these people it is imperative that the African Commission intervenes immediately to ensure that an irreversible mistake is not made." Supporters of the FJP and Muslim Brotherhood have faced a severe crackdown since the 2013 military coup which overthrew the government of the FJP-backed President Mohamed Morsi. The Muslim Brotherhood was branded a "terrorist" organisation in 2013 and the FJP was formally banned in August 2014. Egyptian police have since arrested thousands of Brotherhood leaders and members, including Morsi. Hundreds have been sentenced to be executed, although many appeals have been successful. Last week, an Egyptian court upheld a life sentence passed in 2016 against Muslim Brotherhood leader Mohamed Badie over deadly clashes following the 2013 coup. Egypt's court of cassation, whose rulings cannot be appealed, upheld the verdict of life terms against Badie and eight others over clashes in the Suez Canal city
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Nov. 22 NIGERIA: 600 Nigerians On Death Row in Asia Barely 1 year ago, Legal Defence and Assistance Project (LEDAP), a human rights organisation, alerted the nation that about 300 Nigerians were on death row in prisons across Asian countries. During the World Day Against the Use of the Death Penalty last week, LEPAD once again drew the country's attention to the rising number of Nigerians awaiting execution in different parts of the world. Within this period, the number of offenders has doubled as more than 600 Nigerians in South- East Asia countries are awaiting the hangman, most of them on drug-related offences. The revelations highlight the increasing desperation of some Nigerians in the narcotic trade. More Nigerians are pouring across the borders with hard drugs in spite of the sophistication in technology as well as the stiff punishment mapped out to curb the illegal business. The boom in the illegal trade perhaps speaks to the fact that the country's law enforcement agencies still have much work on their hands. Malaysia, Thailand and Indonesia are evidently among the active drug routes, judging by the number of traffickers caught regularly. Incidentally, these are countries where it is public knowledge that trafficking in hard drug carries the mandatory death sentence. Indeed, many convicted drug traffickers had been executed in Asia, from Singapore to Vietnam. Some 120 Nigerians were reportedly on death row in Chinese prisons, due mainly to peddling in narcotics. According to reports, about 16,500 Nigerians are pinning away in various prisons across the world, most of them on drug-related cases. But Indonesia seems an exceptional destination as many Nigerians have been caught, tried and executed there in the recent past. The gravity of the problem was underscored recently when the federal government led by Geoffrey Onyeama, Minister of Foreign Affairs, pleaded with the government of Indonesia to commute the death penalty passed on Nigerians to life imprisonment. But Indonesia was non-committal. In 2016, 3 convicted drug peddlers were killed in Indonesia while some 153 others were placed on death row. In one particular sensational outing which captured the attention of the world in April 2015, four Nigerians convicted of drug trafficking were executed along with other nationals by Indonesian authorities via firing squad. Pleas for leniency by Nigeria, the United Nations and Amnesty International were reportedly downplayed by the Indonesian government partly because "at that point, 7 fresh cases of drug trafficking involving Nigerians had just emerged in Indonesia". Unfortunately, that execution came shortly after the upper house of parliament, the Senate, debated a motion entitled: "Nigerians involvement in illicit global drugs trade and increase in domestic drug abuse by Nigerian youth." The Senate noted rightly that our nationals were viewed with suspicion and subjected to demeaning treatment at airports across the world as a result of this negative perception. Indeed, they inflict grave damage on the country's image across the world. Yet LEPAD also raised other concerns: that Nigeria has often greeted these reports with no more than a shrug. In effect, the country is not doing much to get some of those who had conflict with the law out of trouble. According to Mr. Chino Obiagwu, National Coordinator of LEPAD, the government "has not shown reasonable interest in the plight of these Nigerians in foreign land." He said many of the convicts were subjected to summary trials and convicted without the benefit of legal counsel. While we agree that the authority could do more to get Nigerians out of trouble in foreign land, we have also emphasised that Nigerians should live within the laws of the country they chose to reside or do business. But the scale of the problem and the consequences for our image, national security and public health are so severe that something must be done urgently. (source: allafrica.com) BANGLADLESH: Ex-Jamaat MP, 5 other Gaibandha war criminals get death A special tribunal in Dhaka today handed death penalty to 6 people from Gaibandha, including a former Jamaat-e-Islami lawmaker, for committing crimes against humanity during the Liberation War in 1971. The accused are Jamaat's ex-MP Abu Saleh Md Abdul Aziz Mia, Ruhul Amin alias Manju, Abu Muslim Md Ali, Abdul Latif, Najmul Huda and Abdur Rahim Mia. Latif is now in jail while the others are absconding. While delivering the verdict, the 3-member panel of International Crimes Tribunal-1 led by Justice Md Shahinur Islam asked the Inspector General of Police (IGP) and the home ministry to secure the arrest of the fugitives. The accused were facing 3 charges -- looting and killing of a Hindu man at Moujamali village in Gaibandha Sadar upazila, killing of a Chhatra League leader, and killing of 13 chairmen and members of 5 unions
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Nov. 20 INDONESIA: Record 11 Taiwanese sentenced to death in Indonesia for drug crimesThe 11 Taiwanese sentenced to death for drug crimes in Indonesia are a new record high As the Indonesian government intensifies its crackdown on illegal drugs, there are currently 11 Taiwanese that have been sentenced to death for drug offenses, a new record high, according to Indonesian official sources cited in a CNA report. In its effort to clamp down on the illegal drug trade, foreign nationals have also been targeted, with 11 Taiwanese sentenced to death for drug trafficking, 3 of whom are already on death row, including Chen Chia-wei, Wang An-kang, and Lo Chih-cheng, stated the report. The 8 other Taiwanese citizens who have been sentenced to death by Indonesian district and high courts are surnamed Lin, Chen, Chuang, Li, Shih, Wu, Hung, and Yeh. Although the 8 have not completed the judicial process, Indonesia's track record with death penalty case indicates that their chances of appealing their sentences are slim. Since last year, 4 Taiwanese drug suspects have been executed for their crimes in Indonesia. There are currently over 30 Taiwanese nationals imprisoned in Indonesia for drug trafficking. As part of the country's war on drugs, Indonesian President Joko Widodo is intensifying the severity of punishments, and has even told his police officers to "gun down" drug traffickers if necessary, especially foreigners, said John Chen, head of the Taipei Economic and Trade Office in Indonesia. Chen was quoted by CNA as warning Taiwanese citizens "not for one moment to consider smuggling drugs to Indonesia." (source: taiwannews.com.tw) MALAYSIA: Contractor escapes gallows thanks to trial judge's misstepThe Federal Court, in finding that a trial judge had acted as prosecutor and asked a prosecution witness incriminating questions, reduces murder charge and sentences contractor to 20 years' in jail. A contractor who stabbed to death his relative after a drinking session today escaped the death penalty due to a misstep by the trial judge. The Federal Court instead sentenced Paul Lagang anak Malip to 20 years' after finding him guilty of killing, without intention, Morris Asang Yahya. "We are substituting the charge from murder to culpable homicide due to the manner the trial was conducted," said Chief Judge of Sabah and Sarawak Richard Malanjum, who chaired the 5-man bench. He said the conviction for murder was "unsafe". Malanjum, in the course of the proceeding, said the trial judge had played the role of prosecutor. Another member of the bench, Jeffrey Tan Kok Hwa, remarked that the judge had crossed the line by asking incriminating questions to eye-witness, Robin Bapi. Lawyer Gobind Singh Deo, appearing for Paul, told the bench the trial judge did not allow him to cross-examine Robin to determine his veracity and reliability as a prosecution witness. Gobind said the judge had also observed that Robin, being from the Kenyah community in Sarawak, needed an interpreter but this was not made available. "As a result, material part of his evidence, especially on the stabbing incident was incomprehensible," he said. The lawyer said the bench should either send the case back for retrial or reduce the charge. Paul, 30 committed the offence at No 24A-2, Jalan Utama 2/1, Taman Puchong Utama, in Bukit Puchong, between 9.30pm and 10.30pm on Aug 13, 2013. Government lawyer K Mangai urged the court to impose a jail term ranging between 20 and 25 years. (source: freemalaysiatoday.com) NIGERIA: Fayose signs new law with death penalty as punishment for cultism Ekiti State Governor, Ayodele Fayose, has signed into law, the bill prohibiting secret cults and terrorism, with death penalty as punishment for anyone caught in the acts. While signing the bill at the government house in Ado-Ekiti on Monday, Fayose said the law was a confirmation of his government's commitment to fighting cultism and terrorism in the state. A statement by his Chief Press Secretary, Idowu Adelusi, said the governor frowned at the resurgence of cultism especially among students in tertiary institutions. "From now, any person who is a member of a secret cult, whether or not the person is in possession or in control of any offensive weapon but commits the offence, is liable to conviction to death. "Any person who gives financial or material support or assistance to a secret cult or in any manner sponsor the activities of a secret cult, commits an offence under this law and is liable for conviction to imprisonment for life" he said. The governor also warned that anyone who intentionally encouraged the establishment of secret cult meetings or activities in places such as houses, nightclubs, and hotels, would be committed to life imprisonment. (source: ripplesnigeria.com) ___ A service
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Nov. 20 IRANexecution Prisoner Hanged in Public A prisoner was hanged in public in Babol (Northern Iran) on murder charges. According to the human rights news agency, HRANA, on the morning of Monday November 13, a prisoner was hanged in public in Babol (a city in Mazandaran Province). The prisoner, identified as Abbas B., 28, was sentenced to death on the charge of murdering a young man during a street fight. The report mentions that efforts were made to win the consent of the plaintiffs until the last minute, but it was unsuccessful and the execution was carried out. Although the execution was carried out in public a few days ago, the Iranian state-run media have not announced it so far. According to Iran Human Rights annual report on the death penalty 33 people have been executed in public in front of large crowds including children in 2016. Public executions have been strongly criticized by Iranian human rights activists and sociologists. *** Prisoner Scheduled For Execution A prisoner who was sentenced to death for Moharebeh (enmity against God) was transferred to solitary confinement at Rajai Shahr Prison. According to a close source, in the afternoon of Wednesday November 15, the prisoners at Rajai Shahr Prison was transferred to solitary confinement to be executed. The prisoner, identified as Majid Sa'adat, was transferred to solitary confinement from ward 1. He was convicted of Moharebeh while there is no information regarding his criminal offence and the evidence against him. "Majid Sa'adat extorted some of the Iranian authorities by posing as government officials and an agent of the Ministry of Intelligence. However, he was never aggressive and did not use cold weapons or guns, which would make make his crime count as Moharebeh," Said one of the prisoner's relatives to Iran Human Rights (IHR). The prisoner is scheduled to be executed at Rajai Shahr Prison on Saturday while executions at this prison are typically carried out on Wednesdays. (source for both: Iran Human Rights) MALAYSIA: Fisherman drug pusher arrested, RM16,000 worth of heroin seized Marine police arrested a fisherman believed to be a drug pusher, and seized RM16,000 worth of heroin yesterday. The 43-year-old suspect was detained at 6.10pm during Op Landai along the Kuala Kedah coastal area. The fisherman was caught with 1kg of the substance by a Region One marine police team following a tip-off. Its commander Assistant Commissioner Rosman Ismail in a statement said the drugs, in 2 plastic packages, were found inside a bag. "The man was believed to be selling the substance to fishermen in the area. "We have handed the case to the district police Narcotic Investigation Department for further action," he said. The man stands to face he death penalty for the offence under Section 39B of the Dangerous Drugs Act 1952. (source: New Straits Times) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
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Nov. 19 PAKISTAN: The curious case of a death row convict The death penalty has failed to bring down the crime rate in Pakistan or in other countries where it is practiced There is no doubt that the death penalty is barbaric and a medieval era punishment which is carried out in most parts of the world through different methods. In Pakistan in the wake of Peshawar massacre the death penalty was reinstated in order to combat terrorism. The incumbent government in consultation with all stakeholders decided to reinstate the death penalty and lifted 8-year-long moratorium placed in 2008 by the PPP led coalition government. Since 2014 about 473 death row convicts have been executed and most of them were convicted of single murder or ordinary criminal offences. It is not out of place to mention that the government reinstated it with the intention of reducing terrorism and carrying it out only people convicted of terrorism. However, this plan of the incumbent government has miserably failed. There are most 8,000 death row prisoners across Pakistan in its violently notorious prisons including the juveniles. In previous years, Pakistan was prepared to carry out the death penalty on vulnerable prisoners for instance, Abdul Basit who was detained in Faisalabad Central Jail. Basit was disabled and had no propensity even to stand on his own feet. Moreover, there was a chance of Muhammad Iqbal alias Bali who was a juvenile at the commission of an offence for which he was sentenced to death. M Iqbal was going to be hanged in July. M Iqbal’s second mercy petition is pending adjudication in the President office of Pakistan which was filed by virtue of Article 45 of the Constitution 1973 read along with Rule 104 of Pakistan Prison Rules 1978. It was an admitted fact that Muhammad Iqbal was a juvenile at the time of alleged offence for which he sentenced to death in accordance with his school leaving certificate and birth certificate issued by the Union Council. It is appropriate to mention that his trial was concluded two years prior to the promulgation of Juvenile Justice System Ordinance 2000 (JJSO) which prohibited the execution of juveniles. JJSO section 12 prohibits the sentencing to death of any person who was under 18 at the time of his/her alleged offence. While hearing a petition from death row inmates last week, the Supreme Court bench enunciated that the courts tend to pay heed to false and fabricated statements and evidence which ultimately disturbs the final decision of the court ” As stated above, Muhammad Iqbal’s trial was concluded two years prior to promulgation of JJSO, but the point to be noted is when the trial of Muhammad Iqbal was in progress-Pakistan was a party to UN’s Convention on the Rights of the Child (CRC) and International Convention on Civil and Political Rights (ICCPR). CRC and ICCPR prohibited awarding of the death sentence to juveniles and ensuring equality to children eradicating all forms of torture and discrimination. It is therefore s admitted that awarding a death sentence to Muhammad Iqbal, who was a juvenile was unfair and arbitrary. Another point to be considered is that following the promulgation of JJSO 2000 the then President of Pakistan issued a Notification No F.8/41/2001-Ptns granting remission in death sentence to those whose death sentence had been confirmed prior to the enactment of JJSO 2000 subject to inquiry into their juvenility. Thus, it is fair to say that Muhammad Iqbal’s death sentence and execution are in violation of Pakistan’s international obligations under the CRC and the ICCPR and domestic law. The introduction of 18th amendment Article 270 AA of the Constitution of Pakistan has given protection to acts and notifications passed or introduced during former President Pervez Musharraf’s era. The execution of Muhammad Iqbal could also be stayed on humanitarian grounds that the death penalty is a medieval times barbaric punishment which has no space in the modern era. Pakistan reinstated the death penalty in the wake of Peshawar Massacre in 2014, wherein 140 innocent school children were gunned down. Since 2014, the ratio of heinous crimes or terror related activities has not decreased or been controlled in Pakistan. Therefore, it is admitted that sending people to the gallows is not a solution to Pakistan’s social menaces. The recent bomb blast in Lahore is an excellent example in support of my argument. The death penalty robs life and there is no decrease in the crime rate in Pakistan and in countries that still practice it. Keeping the death sentence in the Criminal Justice of Pakistan does not deter terrorism in Pakistan at all. Moreover, the Supreme Court bench while hearing a petition of death row inmates enunciated that the courts tend to pay heed even to false and fabricated statements and evidence which ultimately disturbs the final decision of the court. On the
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Nov. 18 MAURITANIA: Mauritania broadens death penalty for blasphemy Showing repentance will no longer prevent the death penalty from being applied for blasphemy and apostasy, Mauritania said on Friday, as the conservative Muslim nation hardens up its religious laws. The decision follows the release on November 9 of a blogger previously condemned to death for criticising religious justification for discrimination in Mauritanian society. A new bill will "harden up expected sentences for blasphemers," the government of the west African nation said in a statement released by the official AMI news agency. "Every Muslim, man or woman, who mocks or insults Mohammed (peace be upon him), his angels, books... is liable to face the death penalty, without being asked to repent. They will incur the death penalty even if they repent," Justice Minister Brahim Ould Daddah said, according to the statement. The decision to free blogger Cheikh Ould Mohamed Ould Mkheitir for time served after his sentence for blasphemy was downgraded from death to 2 years in jail caused clashes and outrage in Mauritania last week. A Muslim in his 30s, Mkheitir was sentenced in December 2014 over a blog which questioned decisions taken by the Prophet Mohammed and his companions during holy wars in the 7th century. He also attacked the mistreatment of Mauritania's black population, blasting "an iniquitous social order" with an underclass that was "marginalised and discriminated against from birth." Prosecutors have appealed the decision to release the blogger and are calling once more for the death penalty to be handed down. Mauritania has not carried out the death penalty since 1987. Justice Minister Ould Daddah said times had changed since the original law was written in 1983, and "consequentially the law has to move on," AMI reported. (source: news24.com) INDONESIA/AUSTRALIA: Paintings from executed Bali 9 man Myuran Sukumaran to hang in Bendigo Art Gallery Artworks Bali 9 drug smuggler Myuran Sukumaran painted in the days before he was executed will go on show in Bendigo in an exhibition dedicated to the death penalty and human rights. Mr Sukumaran faced an Indonesian firing squad alongside fellow Australian Andrew Chan in 2015 after they were both found guilty of orchestrating a plot to bring more than 8 kilograms of heroin into Australia. While awaiting his fate in Kerobokan prison and on island prison Nusa Kambangan, Mr Sukumaran turned to art, becoming a prolific portraitist. Some of these harrowing works, which reveal the man's torment in the days before his death, will feature in the Another Day in Paradise exhibition bound for Bendigo Art Gallery. Artist Ben Quilty is one of the curators and mentored the executed man during his time in prison. The exhibition will also feature works from Australian artists Abdul-Rahman Abdullah, Megan Cope, Jagath Dheerasekara, Khaled Sabsabi, and Matthew Sleeth. "Another Day in Paradise highlights the importance of forgiveness and compassion for humanity, while proving the profound power of art to change lives," a gallery statement read. The exhibition will be on display from July 7 to September 16. (source: Bendigo Advertiser) BANGLADESHexecutions 2 hanged in Jessore for murdering freedom fighter in 1994 The authorities in Jessore Central Jail have executed death sentences of 2 for murdering freedom fighter Monwar Hossain 23 years ago. Senior Superintendent of the jail Kamal Hossain told reporters that the executioners hanged the convicts, Golam Rasul Jhorhu, 75, and Abdul Mokim, 60, at 11:45pm on Thursday. Both the convicts from Alamdanga Upazila's Durlovpur village in Chuadanga were members of extremist group Purbo Bangla Communist Party. Kamal said they handed the bodies of the convicts to their families after post-mortem examination. Jessore Deputy Commissioner Ashraf Uddin, Superintendent of Police Anisur Rahman and Civil Surgeon Dilip Kumar Roy were present during the execution. Before the execution of the death sentence the imam of the jail mosque administered Tawba of the 2 convicts. Referring to case dossier, Kamal said some members of the extremist group hacked freedom fighter and Kumari union council member Monwar to death at Durlovpur village on June 28, 1994. Monwar's brother Ahim Uddin started a case at Alamdanga Police Station, naming 21 people, on the following day. Chuadanga District and Sessions Judge's court sentenced 3 to death, 2 to lifetime imprisonment and acquitted the 16 others on Apr 17, 2008. 2 of those sentenced to life in prison are Amirul Islam and ‘Hiya’ from the same village. Monwar’s son Jahangir Alam, who is a member of Kumari union council now, told bdnews24.com that the jail officials informed them about the execution of the death sentences some days ago. He said members of extremist group 'Janajuddh' threatened his family several
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Nov. 17 INDIA: Bihar court awards man death penalty for raping and murdering toddlerThe convict has been lodged in the Motihari central jail since his arrest soon after the incident was reported in 2011. A court here has awarded death sentence to a man for raping and killing a 2 1/2 year-old girl 6 years ago. Additional District and Sessions Judge DN Yadav held Dhruv Sahni guilty of the rape and murder on Thursday and awarded him death sentence on the ground that the case fell under the "rarest of rare" category. The court handed out the death penalty to the convict for the murder, under section 302 of the IPC. It also sentenced Sahni to 20 years of imprisonment and slapped a fine of Rs 20,000 on him for the rape, under section 376, IPC. The convict was also sentenced to 7 years in jail under section 201, IPC for causing disappearance of evidence in the case. The court, however, acquitted the 3 other accused in the case for lack of evidence against them. The convict, a resident of Akauna village of the district, has been lodged in the Motihari central jail since his arrest soon after the incident was reported in 2011. As per the prosecution, Sahni took the toddler to a field, where he raped her before slitting her throat with a knife on March 21, 2011. The family members of the child were watching television at a neighbour's house when the crime took place. The body of the girl was found from a wheat field the next day and subsequently, an FIR was lodged by her father, Sagar Sahni, against 4 persons, including Sahni. The police had recovered the knife used in the crime from the spot and the convict had confessed to his crime after his arrest on March 30, 2011, according to the prosecution. (source: hindustantimes.com) EGYPT: Preliminary Death Sentence for Defendant in Coptic Priest Murder Case A Cairo Criminal court released a tentative death penalty verdict against the defendant in the case of Coptic priest Samaan Shehata's murder. The decision was released during the 2nd trial, and the case has been referred to the Grand Mufti for a non-binding opinion. Another session will be held on 15 January to release the final verdict. The public prosecution accused the defendant, 19, of having a previous intent to murder the priest. The defendant reportedly admitted his crime and said that he didn't know the priest personally. However, when he saw him with his uniform, he decided to kill him. Shehata, from Beni Sueif governorate, was killed in October after he had been attacked by the defendant, according to a statement released by the Coptic Orthodox Media Center at the time. The victim was on a visit to Cairo with another Coptic priest who is reportedly injured, due to the stabbing attack that took place in el-Salam city, Cairo. The attacks against Christians in Egypt have significantly increased over the past few months, leaving tens of killed Copts and hundreds injured. About 54 incidents have occurred against the religious minority in Egypt in 2016, according to the Tahrir Institute for Middle East Policy. (source: egyptianstreets.com) CHECHNYA: Kadyrov proposes death penalty for terrorist recruiters The Head of the Chechen Republic Ramzan Kadyrov has said that the punishment for those who recruit new members for terrorist groups should be tougher than those applied to bombers and hostage-takers. Recruiters must bear stronger punishment than a terrorist who starts a clockwork bomb or someone who takes hostages, or commits acts of sabotage," Kadyrov wrote on his Instagram account on Thursday. 'Terrorists can't be cured, only destroyed', Kadyrov said. "Recruiters must bear stronger punishment than a terrorist who starts a clockwork bomb or someone who takes hostages, or commits acts of sabotage," Kadyrov wrote on his Instagram account on Thursday. "He or they could actually be sentenced to death because, unlike suicide terrorists, they want to live instead of voluntarily planning their own death," he added. On Thursday, the Russian lower house of parliament, the State Duma, passed the 1st reading of a the bill to change the maximum sentence for convicted terrorist recruiters from 10 years behind bars to life in prison. The bill also proposes life sentences for organizing terrorist groups and communities, sponsorship of terrorism, undergoing terrorist training, hostage taking, and hijacking aircraft for terrorism purposes. The most-recent changes to Russian anti-terrorism laws were introduced in July 2016, when President Vladimir Putin approved a package of bills ordering up to 10 years in prison for anyone engaged in international terrorism, and up to 15 years behind bars for anyone found guilty of financing terrorist groups. Terrorist recruitment was also criminalized under the laws, carrying a punishment of between 5 and 10 years. The new bill also lowers the age threshold
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Nov. 15 PAKISTAN: Over 80 pc of those hanged are ordinary criminals, not jet black terrorists: Babar PPP Senator Farhatullah Babar on Tuesday called for a wide-ranging national debate involving all stratas of society, including political parties, lawyers, religious scholars, intellectuals, media persons and academia, on awarding death penalty in a broken justice system and the laws heavily tilted in favor of the rich and powerful. Addressing a seminar on 'Trial and Terror' organised by the Justice Project of Pakistan in a local hotel where a report was launched, he said terrorists had refused to be deterred by death penalty. He said the rich and powerful manipulated the Qisas law to get away with murder and only the poor were hanged. He said 3 years since the lifting of moratorium on executions it was time to assess the net result of application of anti-terror laws, the military courts, Regulation in Aid of Civil Power and Guantanamo Bay type prisons for fighting terrorism. "Nearly 500 have been executed during the last 3 years, over 80 % of them were ordinary criminals and not jet black terrorists as promised at the time of (forming) military courts," he said. He said in a security-driven state, welfare and rights of people mattered little. "Our rush to carry out executions is a reaffirmation of the truth that a state that does not care about people's lives is least concerned about how they died," he said. He said recently 2 brothers were acquitted of murder by the Supreme Court after nearly 15 years on death row but only after they had already been executed and no one in the criminal justice chain knowing about it. He asked scholars how they rationalised such gross miscarriage of justice with the insistence that moratorium on executions was against the religion. He said that according to scholars, Islam called for death penalty in only 2 offences but today 27 offences in Pakistan carried death penalty. "There is no reason why we should not revisit the offences that carry death penalty," he said. He said the implementation of Action on Aid of Civil Administration Regulation 2011 was another worrisome area. "The regulation was given back-dated effect from 2008 to enable the security agencies to conduct open trial of those in their custody for years in PATA (provincially administered areas) of KP," he said. However, Senator Farhatullah Babar said today, no one knows how many internment centers had been set up for keeping them, how many inmates were there, what were charges, how many had died and whether and how many were being tried for what crimes and in which courts. He aid these internment centres had become like little Guantanamo Bay prisons, black hole for the inmates and no-go areas even for the judiciary and parliament. (source: thenews.com.pk) INDIA: Karnataka High Court upholds death penalty imposed on 'cyanide' Mohan Kumar The Karnataka High Court on Wednesday confirmed the death penalty imposed on 'cyanide' Mohan Kumar on the charges of murdering one Sunanda of Sulya in Dakshina Kannada district. The division bench of Justice Ravi Malimath and Justice John Michael Cunha upheld the death penalty imposed by the trial court on December 21, 2013, as the allegations had been proved. According to the prosecution, Mohan Kumar befriended Sunanda (28), daughter of Rathnavathi, in January 2008. After few days, he took her to Mysuru on the pretext of marrying her and murdered her by administering cyanide at a lodge in Mysuru. Sunanda was found dead on February 12, 2008. (source: New Indian Express) NORTH KOREA: Donald Trump 'deserves death penalty' for insulting Kim Jong-un, says North Korean state mediaPresident Donald Trump and Kim Jong-un have exchanged increasingly personal attacks North Korea's state media has said Donald Trump deserves the death penalty for insulting the country's leader Kim Jong-un. An editorial in the ruling party newspaper, Rodong Sinmun, focused its anger on US President's visit to South Korea last week, during which he denounced the North's "cruel dictatorship" in a speech to legislators in Seoul. The visit was part of a marathon 5-nation Asia tour by Mr Trump aimed largely at galvanising regional opposition to North Korea's nuclear weapons ambitions. "The worst crime for which he can never be pardoned is that he dared [to] malignantly hurt the dignity of the supreme leadership," the editorial said. "He should know that he is just a hideous criminal sentenced to death by the Korean people," it added. The members of the ruling Kim dynasty - past and present - enjoy near god-like status in North Korea, which has demonstrated extreme sensitivity to any remark that might be seen as mocking or disrespectful of the leadership. Since becoming president, Mr Trump has engaged in an escalating war of words with Kim Jong-Un, trading personal insults and threats of
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Nov. 14 MALAYSIA: Langkawi cops nab Thai drug pusher with gun, RM25k worth of drugs Police seized a pistol with 5 live bullets from a Thai drug pusher when he was nabbed at a petrol station in Kampung Temonyong here early on Tuesday. Police also confiscated various types of drugs with a street value of RM25,000. In the 12.01am bust, the district's Narcotics Investigation Department approached the 35-year-old man at the petrol station, as he was behaving suspiciously. "Upon noticing the police team's presence, the man tried to flee from the scene but our men managed to apprehend him. "The team found a .9mm automatic Browning pistol with 5 live ammunitions in the man's sling bag. "They also seized plastic bags containing heroin, methamphetamine and ketamine with a total street value of RM25,000," Langkawi police chief Assistant Commissioner Dr Che Ghazali Che Awang said during a press conference at his office. Present was his deputy, Deputy Superintendent Mahani Mohamed. Ghazali said the man also tested positive for methamphetamine. Police have classified the case under Section 39B of the Dangerous Drugs Act 1952 which carries the mandatory death penalty upon conviction. The man is also being investigated under Section 8 of the Firearms Act (Improved Penalty) 1971 and Section 8(a) of the Firearms Act 1969 for illegal possession of a pistol which carries a jail term of up to 14 years and 6 lashes of the whip. (source: New Straits Times) IRAN: New Iran law set to radically decrease executionsA new law in Iran has been written to reduce the death penalty for drug smugglers carrying smaller amounts. Iran's new law for combating drugs will be implemented beginning Nov. 14. The law - passed by the Reformist majority parliament and approved by the conservative Guardian Council - is set to decrease the number of people executed in Iran, which leads the world in executions on a per capita basis. Agencies in Iran responsible for combating drug smuggling, however, have warned that the new law will increase drug use. According to the law, those convicted of drug smuggling will be sentenced to time in prison instead of the death penalty and will be ordered to pay fines. The law itself does not completely ban the death penalty. Those caught smuggling a large amount of designated drugs - for instance, 3 kilograms (6.6 pounds) of heroin - can still be sentenced to death. Drug-smuggling leaders, those who carry arms, financiers of drug smuggling and those who use children under the age of 18 will still be subject to the death penalty. Still, according to most observers, the law will decrease the number of death penalties in Iran for drug-related offenses. The Iran Drug Control Headquarters, which is tasked with drug addiction treatment, combating drug smuggling and preventing addiction, warned that the law will increase access and use of drugs in Iran. Parviz Afshar, spokesperson for the Drug Control Headquarters, said, "We believe that - for a country whose neighbor is the world's largest producers of drugs [Afghanistan] - completely eliminating the death penalty is not possible." Afshar noted that a suitable replacement for the death penalty needed to be found rather than just prison time and fines. According to him, confiscating the property of drug smugglers should have been considered in the new law. He also warned that some drug smugglers are also involved in terrorism, money laundering and armed crimes. Yahya Kamalipour, an Iranian parliament member and deputy president of parliament's legal and judicial commission, explained his support for the bill. "For 20 years I have been a judge and prosecutor and I know well the situation of the prisons and the families of prisoners," he said. "90 % of the executions for drug offenses were smugglers who were forced to carry drugs due to a bad event such as dowry for their daughters or surgery for their mothers. We have taken the death penalty from these people. But [as far as] the prime agents and those who deserve the death penalty, this punishment will be implemented." The bill still leaves Iran's hard-line judiciary - which only answers to Iran's Supreme Leader Ayatollah Ali Khamenei - enough leeway to interpret the law as they see fit. The head of Iran's judiciary, Ayatollah Sadegh Larijani, has previously said that Iran would not eliminate the death penalty for drug smugglers, saying that without the death penalty the situation with drug use in Iran would be worse. Iranian officials have been openly debating ending or reducing the death penalty for drug smuggling since December 2015, when 70 members of parliament proposed the bill. Mohammad Javad Larijani, the secretary of Iran's Human Rights Council who has supported ending the death penalty for drug use, said that if Iran were to eliminate the death penalty for drug use, it would reduce the death penalty in
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Nov. 13 INDIA: 2012 Delhi gangrape: Supreme Court defers review petition to December 12The bench had upheld the death penalty for all four convicts in the case on May 5. The Supreme Court on Monday deferred a review petition filed by Mukesh, 1 of the convicts in the 2012 Delhi gangrape case, to December 12. The matter was heard by a bench consisting Chief Justice of India Dipak Misra and Justices R Banumathi and Ashok Bhushan. On May 5, the bench had upheld the death penalty for all 4 convicts in the case. 6 individuals, including a juvenile, had raped a 23-year-old woman in a moving bus in Delhi on December 16, 2012. The woman, whom they had brutally abused, had succumbed to her injuries on December 29 the same year at a hospital in Singapore. The minor accused was released in December 2015 after serving 3 years in a detention home for juveniles while 1 convict died in prison. A trial court had ordered death sentences for the convicts in September 2013, which was upheld by the Delhi High Court 6 months later. However, the Supreme Court issued a stay order on the sentence after the convicts Akshay, Vinay Sharma, Pawan and Mukesh had moved it. The incident had triggered country-wide protests and demands to ensure more safety for women in India. The outrage had forced the government to introduce new laws on rape. (source: scroll.in) JAPAN: Thousands demand death penalty for Chinese murderer in Japan 1 month ahead of the trial of a Chinese murderer in Japan, thousands of signatures have been collected to demand the death penalty for the man who stabbed a Chinese girl to death at her doorstep in Tokyo. The suspect, Chen Shifeng, is scheduled to stand trial on December 11 in Tokyo for the murder of 24-year-old Chinese student Jiang Ge on November 3, 2016, in the capital of Japan. Jiang's mother began to collect public signatures in August to call for the death penalty for Chen. She also flew to Japan this past weekend to garner more support. There is no exact record on the total number of signatures, but in lettered signatures alone, she has received 2,249 names as of October 29. On Sina Weibo, posts containing the link to the online petition were reposted tens of thousands of times. "We understand that one is rarely sentenced to death in Japan, but we believe that it is one of the most heinous crimes to brutally kill an innocent girl due to his personal grudge with someone else. The suspect Chen Shifeng also showed no remorse after leaving the victim's family in pieces. We believe that Chen Shifeng must pay for his crimes and we plead for Japanese authorities to protect law-abiding citizens' human rights and sentence Chen Shifeng to death," said the petition letter, which was addressed to the Japanese judges and the trial jury in the name of a Chinese citizen. Amid the public outcry to punish the murderer, Jiang's roommate Liu Xin has also come under criticism. Liu is an ex-girlfriend of Chen, and their former relationship is allegedly one reason for Jiang's death. Chen allegedly followed Jiang back home to seek Liu when the murder took place. Liu allegedly refused to let Chen in when Jiang was attacked, but later claimed that she heard nothing and that the door was unlocked. However, neighbors say that they heard Jiang's desperate scream for help. Liu's absence of apology and comfort to Jiang's family triggered even wider discussions as well as criticisms. She has also reportedly threatened to withdraw from the police investigation after her personal information was released online during her avoidance of contact with Jiang's family. Many have criticized Liu's "lack of conscience" and want to hold Liu legally responsible for the death of Jiang Ge. Some legal experts have pointed out that while Liu may not be legally accountable, she should not be exempt from moral judgment. (source: ecns.cn) BANGLADLESH: HC commutes death penalty of killer The death sentence of the killer of Supreme Court lawyer Sayma Khanum was commuted by the High Court to life imprisonment yesterday. The convict is Faizul Islam, an assistant accountant in the Public Works Department. According to the prosecution, the convict stabbed advocate Sayma, 44, a former cultural affairs secretary of Dhaka Bar Association, to death inside her Elephant Road apartment in the capital on July 17, 2007. A week later, Faizul was arrested in connection with the murder. Faizul confessed to killing Sayma, claiming that he had given a total of Tk 12 lakh to Sayma after she promised him that she would arrange a cadre service job for him under the 27th BCS examination. Sayma, however, did not keep her promise, Faizul also claimed. On October 4 in 2011, a Dhaka court handed down death penalty to Faizul for killing the lawyer. Yesterday, the HC bench of Justice Md Ruhul Quddus and Justice Bhishmadev Chakrabortty gave the verdict.
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Nov. 11 MAURITANIA: Mauritanian prosecutors appeal sentence against 'blasphemy' blogger Mauritanian prosecutors on Friday said they had appealed against a 2-year prison term served on a blogger who had earlier received a death sentence for blasphemy. Cheikh Ould Mohamed Ould Mkheitir was given the 2-year term on Thursday by an appeals court in the northwest town of Nouadhibou. "The prosecutors immediately filed an appeal to the Supreme Court" to ensure "a sound and rigorous application of the law," prosecutors there said in a statement. Mkheitir has been in custody since January 2014 and thus was eligible for immediate release after Thursday's ruling. He was also fined $169. His whereabouts are not known. A Muslim in his thirties, Mkheitir was sentenced to death in December 2014 over a blog which questioned decisions taken by the Prophet Mohammed and his companions during holy wars in the 7th century. He also attacked the mistreatment of Mauritania's black population, blasting "an iniquitous social order" with an underclass that was "marginalised and discriminated against from birth." His case has sparked outrage from rights activists but also fuelled demands for the death sentence to be carried out in the deeply conservative Muslim country. On April 21 2016, the court of appeal confirmed the death penalty, but reclassified the crime from blasphemy to "unbelieving," for which the punishment is less if the defendant repents. The case was then sent to the Supreme Court, which on January 31 this year sent it back to the appeals court "in order to correct mistakes made," without elaboration. Thursday's decision in favour of a jail term sparked scenes of outrage in court and fresh demands for the blogger to be executed. Appeals were launched on social media for Friday to be observed as a "day of anger." Security was beefed up in sensitive areas in the capital Nouakchott after weekly Friday afternoon prayers. Capital punishment in Mauritania, a vast, mainly desert state in west Africa, is usually reserved for murder and acts of terrorism. According to Amnesty, Mauritania last executed a prisoner in 1987. Mkheitir on Wednesday told judges that he had "uncovered mistakes in his article" which he "immediately corrected in another article. He also expressed "every repentance and apologies" and assured the court of his "faith in Allah and his prophet". (source: news24.com) EGYPT: British tourist facing the death penalty for smuggling prescription pain killers into Egypt is in 'good spirits' as 'crucial new evidence' is uncovered that could help her be freed Jailed holidaymaker Laura Plummer is in 'good spirits' as she awaits to find out if she will continue to be locked up on drug smuggling charges in Egypt. The 33 year old - who has been held for over a month in a hellhole jail - was due to appear before a judge to find out if she would get bail or face being locked up for another 15 days. But amid much confusion her lawyer said she would not be brought to the court today - although the judge could decide to review her case in her absence. Ms Plummer, of Hull, east Yorkshire, claims she was bringing the 290 Tramadol painkillers - which are banned in Egypt - into the country for her 'husband' Omar Caboo, who suffers from chronic back pain. New evidence submitted by Mr Caboo claim to prove his medical condition and need for the pills. It is hoped that this evidence will be enough for an Egyptian court to grant Ms Plummer her freedom. The documents include X-rays, medical records and a marriage certificate - crucial evidence because authorities believed her to be a smuggle with a made-up spouse. The shop girl, 33, has been locked up for a month after being arrested at Hurghada International Airport when she was stopped by customs officers and found with almost 300 of the powerful pain killers. Egyptian Caboo, a hotel activities organiser, had requested them to relieve his back pain. Tramadol is on a list of banned drugs in Egypt as it is widely used by junkies as a heroin substitute because it is so powerful. Ms Plummer's worried relatives saw her as jail bosses mocked her complaints about the 'hellhole' conditions, telling her: 'You're not staying in the Sheraton!' She has endured an ordeal of sharing a 15ft x 15ft cell with 25 other women in sweltering heat and no air conditioning. This afternoon her mother Roberta, sister Jayne Sinclair and brother Kirk were pictured went to the prison for an hour long visit. Staff at the prison on the outskirts of the city of Hurgharda showed little sympathy for what the Egyptian media have called the 'Tramadol Tourist'. Meanwhile, Ms Plummer was able to speak briefly to her mother Roberta today. As she waited in the entrance hall of the chaotic Red Sea court her lawyer handed her a mobile phone and told her Ms Plummer wanted to speak with her. The
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Nov. 10 CHINA: Man gets death penalty in balcony murder case A man convicted of throwing a woman he had pursued for 8 years from a high-rise apartment building has been sentenced to receive the death penalty, Qianjiang Evening News reported. The Hangzhou Intermediate People's Court on Thursday found the 27-year-old man surnamed Xue guilty of intentional homicide for the March 21 slaying of the victim, surnamed Wang. Xue had thrown Wang from the balcony of a 19th-story apartment that they shared together with another friend in a fit of jealousy, the court found. The case has stirred controversy online ever since details of the case were released in August. While some netizens called for Xue to be punished, many had condemned Wang because she had rebuffed Xue's numerous romantic advances while accepting expensive gifts from him. Wang and Xue had attended the same high school. During their friendship, Xue had expressed on many occasions he wanted to become romantically involved, but Wang refused. The two kept in contact after Xue left to study in the US. During that time, Xue sent Wang a number of luxury gifts, such as handbags and jewelry. He returned to China early this year in order to be closer to Wang. Soon after, he convinced Wang and her coworker to share an apartment with him in Hangzhou. According to media reports, Xue became furious after discovering Wang had a boyfriend. On March 21, Xue found her talking on the phone in the apartment with her boyfriend. "It only took 5 seconds to push her from the room to the balcony. She didn't try to fight back because she didn't know what I was going to do," Xue told prosecutors during his trial. The crime occurred 40 days after Xue's return from the US. Xue's counsel had sought a reduced sentence for his cooperation in the case. (source: Global Times) MAURITANIA: Mauritanian blogger who faced death penalty for apostasy to be freed A Mauritanian blogger condemned to death in 2014 for apostasy in a Facebook post about Islam will be freed because an appeals court on Thursday overturned his sentence, his lawyer said. Mohamed Ould Cheikh Ould Mkhaitir has spent nearly four years in jail after a high-profile case surrounding a post in which he criticized the use of religion to justify social discrimination. The case has highlighted tempestuous social divisions in the desert West African country, often based on ethnicity. Thousands protested in the capital Nouakchott and other cities during the trial demanding Mkhaitir be put to death. Mauritania has not carried out a death penalty sentence since 1987, but last year a group of influential Muslim clerics urged authorities to apply the harshest punishment. The court reduced Mkhaitir's sentence to 2 years in prison and a fine of 60,000 ouguiyas ($170). He will be allowed to go free because of time already served in prison, his lawyer Me Mohamed Ould Moine told Reuters. "This is a great victory for Mauritanian justice," Moine said after the appeal hearing in the northern city of Nouadhibou. "The judges respected Mauritanian law taking into account his regrets and repentance." The streets of Nouakchott were calm immediately after the hearing, though there was extra security in place there and in Nouadhibou. His lawyer and rights groups have expressed concerns about Mkhaitir's safety following death threats to him and his friends. (source: Reuters) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
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Nov. 9 EGYPT: Egyptian court orders retrial of 7 Daesh defendants Egypt on Tuesday overturned the death penalty and jail sentences for 7 defendants who have been accused of establishing links with Daesh. The Court of Cassation ordered a retrial of the cases by the criminal court, the official Middle East News Agency, MENA, reported. The defendants were referred to the criminal court along with 13 others in 2014 by the country's late Attorney General, Hisham Barakat, accused of creating a terror cell that carried out hostile acts against police and army personnel. They were also accused of embracing extremist ideologies and establishing links with Daesh. The court had already sentenced 4 of the other defendants to death, 3 of which were in absentia, 2 others were sentenced to 15 years in prison with hard labour, 6 to 10 years with hard labour, and 11 defendant was acquitted, added MENA. (source: The Gulf Today) IRANexecutions 4 Prisoners Executed For Drug Offences 4 prisoners were executed at Urmia Central Prison (Northwestern Iran) on drug related charges. According to a close source, on the morning on Tuesday November 7, 4 prisoners were executed at Urmia Central Prison (Darya). The prisoners, who were sentenced to death on drug related charges, were transferred to solitary confinement from ward 15 yesterday. The prisoners were identified as Asghar Ranjbar, Hedayat Shirzad, Hassan Bashoqi, and Ali Zare'. "The prisoners were sentenced to death on the charge of possessing 5 to 200 kilograms of heroin or meth," said a close source to Iran Human Rights yesterday. These prisoners were executed while a few weeks ago a new anti-narcotics bill was approved by Iran's Parliament and the Guardian Council. The bill was also announced by the Iranian President Hassan Rouhani and published in an official newspaper on Saturday October 29 2017. According to Article 2 of the civil law, the laws are ought to be enforced within 15 days after being published in an official newspaper (6 days from now). The executions of these prisoners have not been announced by the state-run media so far. (source: Iran Human Rights) PAKISTAN: Pakistani death sentences show blasphemy laws' threat The October death sentences for 3 Pakistani men demonstrate the threat of blasphemy laws in many countries to the life and liberty of Christians and other religious minorities. The judgments for the Pakistanis -- all members of the Ahmadi Muslim sect -- came 2 months after the U.S. Commission on International Religious Freedom (USCIRF) issued a report that showed more than 1/3 of the world's countries have blasphemy laws. Most of the blasphemy laws in those 71 countries not only transgress international human rights standards but fail to fully protect freedom of expression and impose unduly severe punishments on violators, according to the report. Arrested in 2014, the 3 Ahmadis -- Mubasher Ahmad, Ghulam Ahmed and Ehsan Ahmed -- received the death penalty Oct. 11 in a court in the Punjab Province of eastern Pakistan. They were charged with violating the country's law against deliberately insulting Islam by tearing down a religious poster, according to a report by Voice of America (VOA). An Ahmadi spokesman said the poster was anti-Ahmadi, VOA reported. While Ahmadis describe themselves as Muslims, Pakistan -- with Islam as its state religion -- does not recognize them as such and prohibits some of their practices. Ahmadis differ from other Muslims in that they believe the Messiah has already come. Southern Baptist religious freedom advocate Russell Moore said the sentencing "is yet another reminder how imperiled religious liberty is throughout the world." "Conscience freedom is the most fundamental human right of all," said Moore, president of the Ethics & Religious Liberty Commission, "but for millions of people across the globe, including many of our brothers and sisters in Christ, such freedom is consistently and violently attacked." In written comments for Baptist Press, Moore said he prays the United States "will continue to take the lead in global advocacy for religious liberty. Most importantly, I pray that we as Christians would work and pray for conscience freedom for everyone and everywhere." USCIRF Chairman Daniel Mark said in a written statement, "In short, Ahmadis are required to renounce their faith in order to avail themselves of important civil rights in Pakistan." USCIRF -- a bipartisan panel selected by the president and congressional leaders -- "has consistently called on Pakistan to repeal such laws. They violate human rights standards and make the government the ultimate arbiter of religious doctrines or truths. This is quite simply wrong," Mark said. The situation for minority faith groups is growing worse, an expert on blasphemy laws told BP. "There is an escalation of pressure and charges of
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Nov. 8 MAURITANIA: Mauritania appeals court set to review blogger death penalty case In Mauritania, an appeals court is set to review on Wednesday the case of a young blogger sentenced to death after posting a 2014 article challenging the use of religion to support social injustice. Mohammed Ould Mkhaitir was arrested almost 4 years ago after sharing his critical views on the way Islam is wielded as a weapon to perpetuate what is essentially modern-day slavery in the western African nation. He was initially charged with apostasy and - although that charge was later reduced - the death sentence remains. Mkhaitir's case drew angry street protests from those calling for his execution as well as those who wished to defend human rights and free speech. The social and political instability surrounding the widely publicized case led to frequent court delays and postponements. On Friday, Mauritanian journalist Mohamed Diop reported that police authorities prevented protesters calling for Mkhaitir's execution from marching in the streets of Nouakchott. The Human Rights Watch organization said Mkhaitir's parents fled the country last December amid death threats that are common among human rights activists who support the blogger. "Mauritania has no business charging anyone with 'apostasy,' much less sentencing a blogger to death for such an absurd charge based on an article he wrote," said Sarah Leah Whitson, the regional HRW director. "It's good that the appeals court is reviewing this case, but he never should have been charged in the first place." The Freedom Now organization has provided legal counsel to Mkhaitir in the past, along with local lawyers, some of whom quit during the proceedings because of the death threats. The Committee to Protect Journalists (CPJ) and other rights groups have appealed to President Mohamed Ould Abdel Aziz on the blogger's behalf without success. Aziz initially told Mauritanians that media content must respect Islam, and the government "will do everything that is necessary to protect the Islamic religion and to defend the Messenger of Allah." (source: africatimes.com) NIGERIA: Ekiti Assembly approves death penalty for cultists A bill seeking to prohibit the activities of secret cults on Tuesday scaled third reading at the Ekiti State House of Assembly. The substance of the bill, which is yet to be signed into law by the governor, is the prescription of death penalty for those found guilty of breaching the law in that regard. Those aiding and abetting cultism would also bag life imprisonment if found guilty. The new provision was an amendment to the law against cultism, enacted by Ayo Fayose during his 1st tenure as governor of the state. The law had provided a 7-year imprisonment for anyone convicted of cult activities, whereas those aiding and abetting the act were to be imprisoned for 5 years. The bill titled, 'Secret Cult (Abolition and Prohibition) [Amendment] Bill, 2017,' gained the lawmakerss attention following increase in cult activities at the Ekiti State University, Ado Ekiti which led to the killing of students recently. Before the passage, the House Leader, Akinyele Olatunji, recalled the killings at the university due to cult activities. "We will not allow any group to turn Ekiti into death trap area," he said, while thanking the governor, Ayodele Fayose, for introducing the bill. "We cannot fold our arms while some people would constitute themselves as a menace and eliminating the lives of innocent people of this state," Speaker of the house, Kola Oluwawole, said, while making his remarks on the bill. "It is an everlasting sorrow for someone to lose his child or relative. The bill will reshape the lives of our youth. It will 'touch' those who intend to join any secret cults and those who have the intention to take another person's life. "Those people that we are representing will have peace of mind that their lives and those of their children are safe. The bill considers very seriously the negative consequences of such action because of the irreparable loss of lives." (source: premiumtimesng.com) SOUTH AFRICA: How these UDF cadres ended up on death row - Michael MasuthaAt handing over of exhumed remains justice minister says he hopes racist tendencies deterred by coffin case Address by the Minister of Justice and Correctional Services, Michael Masutha, MP, (Adv) on the occasion of the handing over of exhumed remains of 12 UDF political activists in Port Elizabeth, Eastern Cape Program Director Families of our departed patriots Premier of the Eastern Cape; Mr Phumulo Masualle Executive Mayor of Nelson Mandela Metro; Mr Anthol Trollip Deputy Minister of Defence and Military Veterans; Mr Kebby Maphatsoe Eastern Cape MEC for Sports Arts and Recreation; Miss Pemmy Majodina Provincial leadership of the ANC and alliance partners Members of
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Nov. 7 RUSSIA: Elena Berkova: Former porn star running against Putin wants death penalty for sexual harassersCelebrity said she was 'fed up with Weinsteins' Berkova is 32 - 3 years too young to run for President, according to Russian law Tim Stewart A former adult film star running for the Russian presidency has pledged to introduce the death penalty for sexual harassers. Elena Berkova of Murmansk, now the 4th female candidate for the 2018 election, said in an Instagram video that she was "fed up with Weinsteins", referring to disgraced Hollywood executive Harvey Weinstein who faces dozens of allegations of sexual abuse and harassment. "The death penalty for harassment. We've got the Weinsteins, too," she told her 647,000 followers, wearing black glasses and lingerie. In Ms Berkova's manifesto, she vowed to introduce sex education in schools, make it impossible to get divorced and criminalise women who wear long skirts. "Some of them [other candidates] are from show business, I ran for mayor of Sochi and have taken part in politics, so I decided to run for the president of Russia," the reality television star said. "I plan to make divorce almost impossible for men, as these days women bear almost all the responsibility for children. (source: independent.co.uk) IRAN: 4 Prisoners Scheduled for Execution For Drug Charges 4 prisoners who were sentenced to death on drug related charges were transferred to solitary confinement in Urmia Central Prison in preparation for executed. According to a close source, on the morning of Monday November 6, four prisoners were transferred to solitary confinement from ward 15 of Urmia Central Prison (Darya) to be executed. The prisoners were identified as Asghar Ranjbar, Hedayat Shirzad, Hassan Bashoqi, and Ali Zare'. "The prisoners were sentenced to death on the charge of possessing 5 to 200 kilograms of heroin or meth," said a close source to Iran Human Rights. These prisoners were transferred to solitary confinement while after the bill for the amendment to the drug law in Iran was approved, the executions of this type were supposed to be stopped until further investigation of their cases. (source: Iran Human Rights) PAPUA NEW GUINEA: Port Moresby police have warned against the vigilante torture or killing of suspected sorcerers.For those that torture and kill suspected sorcerers, the penalty is DEATH! Port Moresby police have warned against the vigilante torture or killing of suspected sorcerers. The warning now comes in the light of sorcery-related revenge killings in the past week at Eight-Mile in Moresby Northeast. The "witch-hunt" was led by the family of a young man from Wabag, Enga Province, who claimed he had died as a result of black magic. 1 woman was tortured and killed and several homes torched as a result. 2nd-in-command of Gordon police station, chief sergeant Hanson Tokally said yesterday that anyone who killed in the name of revenge or vigilante justice is also guilty of murder and as such, would not be immune to the consequences of the crime. "People who torture and kill them (suspected sorcerers) are also guilty of a criminal offence and they will be dealt with seriously. There is a law and the law applies to everyone ... we cannot let them go free," Mr Tokally said. "People have to be careful when they are in these kinds of situations. We are talking about people's lives here. This might be according to our traditional beliefs, but there has to be concrete evidence to prove that these people were killed through sorcery. "You cannot just go blindly accusing someone and attacking them. I know that grieving relatives may want to take revenge, but we have to be careful in these types of situations. Respect the law, and allow the law to take its own course," he said. Furthermore, amendments to the PNG Criminal Code in 2013 now facilitate for the maximum penalty of death to be applied on those who commit the willful murder of individuals accused of practicing sorcery. Section 299A of the criminal code (willful murder of a person on account of accusation of sorcery) states: -- Any person who intentionally kills another person on account of accusation that the person is practicing sorcery is guilty of willful murder and shall be sentenced to death. -- For purposes of Subsection (1), "sorcery" includes (without being exhaustive and exclusive) what is known, in various languages and parts of the country, as witchcraft, magic, enchantment, puripuri, mura mura dikana, vada, mea mea, sanguma, or malira, whether or not connected with or related to the supernatural. Chief Sgt Tokally said investigations into the recent revenge killing are ongoing and police are appealing to anyone with information regarding the case to come forward. (source: Post-Courier) INDIA: 'Fed-up' DCW chief demands 'death penalty' for child rapists
[Deathpenalty] death penalty news----worldwide
Nov. 6 SOUTH KOREA: Over 1/2 of S. Korean people support carrying out death penalty: poll About 1 out of every 2 South Korean people is in favor of implementing existing death penalty provision, a poll said Monday, although the country is classified as a de facto abolitionist country in the international community. South Korea has executed no one since the end of 1997, when 23 people were put to death. The moratorium was enacted in February 1998 by then-President Kim Dae-Jung. According to the survey of 511 people across the nation conducted by Realmeter on Friday, 52.8 % were for returning to execution, while 42.8 % were against it. Of its opponents, 32.6 % said it is desirable to retain capital punishment but to not put it into practice, and 9.6 % thought the death penalty itself should be scrapped, the poll said. Among those polled who are in favor of resuming executions, people in their 20s were the most supportive at 62.6 %, trailed by those in their 30s at 59.5 %, those in their 60s or older at 53.5 % and those in their 40s at 42.9 %. By ideology, 66.2 % of conservative respondents supported implementing the death penalty, and 54.2 % of centrist ones did so. On the other hand, only 39.4 % of progressive respondents were in favor. By region, Daegu and North Gyeongsang Province showed the highest support with 66.8 %, while Gwangju and Jeolla Provinces posted the lowest support with 46.3 %, the poll said. (source: yonhapnews.co.kr) UNITED ARAB EMIRATES: Death penalty for killing his wifeThe man was accused to beating his wife to death in Sharjah A Gulf national has been given death penalty on charges of beating his 25-year-old Arab wife to death. The verdict was issued by the Sharjah Sharia court on Sunday morning. The court handed down its verdict after the victim's family refused to pardon the killer and accept blood money. The court said the man would be executed in the presence of his wife's family members, who insisted for 'Qasas' (retributive justice as per Islamic Law) and refused to pardon him. According to court record, the case is dated back to January 2016 when a 37- year-old Gulf national got involved in quarrel with his wife over marital issues and their discussion turned violent. Then the husband slapped his wife and left the house. The couple have 1 daughter. During the police interrogation and court hearing, the accused confessed to the crime. He said he did not intend to kill his wife and he slapped her after they got involved in a heated discussion and then he went out of the house. He said that he found his wife drinking wine when he came back home late at night. He took the bottle from her hand and tried to take the glass as well but she refused and resisted. At this, he beat her again and went to sleep. He said he found his wife was sleeping with high fever but later he discovered that she was dead. He reported the incident to police operation room and surrendered himself to police. (source: gulfnews.com) IRANexecutions 2 Executions on Murder Charges 1 prisoner was executed at Mashhad Central Prison and 1 at Urmia Central Prison, both on murder charges. Execution in Urmia (Northwestern Iran) According to a report by Kurdistan Human Rights Network which was also confirmed by Iran Human Rights (IHR), on the morning of Wednesday November 1, a prisoner was hanged at Urmia Central Prison (Darya) on murder charges. The prisoner, identified as Tohid Mohammad-Bagherloo, 30, was from Khoy and was in prison on murder charges for 6 years. He was transferred to solitary confinement from Ward 1 and 2 of Urmia Central Prison on Tuesday. The execution of this prisoner has not been announced by the state-run media so far. Execution in Mashhad (Northeastern Iran) According to a report by Khorasan Newspaper, on the morning of Wednesday November 1, a prisoner was hanged at Mashhad Central Prison (Vakilabad) on murder charges. The prisoner, identified as M.T., was sentenced to death on murder charges. The report stated that the prisoner murdered a 67-year-old man with the help of his friend in 2011. According to Iran Human Rights annual report on the death penalty, 142 of the 530 execution sentences in 2016 were implemented due to murder charges. There is a lack of a classification of murder by degree in Iran which results in issuing death sentence for any kind of murder regardless of intensity and intent. ** Man Executed on Murder Charges A prisoner was hanged at Maragheh Prison (East Azerbaijan province) on murder charges. According to a close source, on the morning of Tuesday October 31, a prisoner was executed at Maragheh Prison (Northwestern Iran) on murder charges. The prisoner, identified as Hooshang Delijan, 29, was from Hashtrud. He was arrested and sentenced to death on the charge of murdering a taxi driver in Maragheh 4
[Deathpenalty] death penalty news----worldwide
Nov. 5 IRAQ: Iraqi general responsible for losing Mosul has been sentenced to death The Iraqi commander responsible for conceding the historical city of Mosul to the so-called Islamic State (ISIS) in the Summer of 2014 has been sentenced to death by a military tribunal, Al-Sura News reported. General Mahdi Al-Gharawi was issued a death sentence by a military tribunal this week, marking the 1st time an army commander has been given the death penalty under Iraqi Prime Minister, Haidar Al-'Abadi. ISIS took control of Mosul in 2014, following the abrupt withdrawal of some 10,000 Iraqi Army soldiers under the command of General Gharawi. (source: almardasnews.,com) ISRAEL: Report: Netanyahu prevented advance of terrorist death penaltyPM publicly supported death penalty for terrorists at condolence visit, 2 days after reportedly thwarting a proposal to advance the issue. Prime Minister Binyamin Netanyahu thwarted several months ago during a cabinet meeting a proposal that sought to impose a death penalty on terrorists who had committed particularly brutal acts, according to a report this morning in Haaretz. At a July 25 cabinet meeting following the murder of 3 members of the Salomon family in the community of Neve Tzuf, Defense Minister Avigdor Liberman reportedly requested that the military prosecutor seek a death penalty for the terrorist murderer, who was caught alive after the attack. Transportation Minister Yisrael Katz also supported Liberman's position. Attorney General Avichai Mandelblit responded that the prosecution's policy has long been not to seek the death penalty. He added that the issue was complex and had broad political implications, and he therefore did not want to make such a decision alone. He suggested that cabinet ministers authorize him to seek the death penalty for particularly cruel murders. According to the report in Haaretz, Netanyahu heard the remarks and said that they had not convened to talk about this issue, thus ending deliberations on the matter. 2 days later, the Prime Minister arrived for a condolence visit at the Salomon family home, where he specifically expressed support for the progression he had thwarted 2 days before. Netanyahu told the family members, "The time had come to impose the death penalty for terrorists." "This is permitted by the law; it needs a unanimous decision by the judges, but they'll want to know the position of the government as well. And my position is, as Prime Minister, that in this case, of this lowly terrorist, that he should be executed. He simply cannot be allowed to smile again," Netanyahu said, referencing pictures taken of the terrorist smiling shortly after the attack. Several cabinet ministers present were amazed by Netanyahu's words, in light of the gap between his rhetoric and lack of readiness to advance such a proposal when the opportunity had presented itself. (source: israelnationalnews.com) LEBABON: Manal Assi's killer sentenced to death Mohammad al-Nhaily was given the death penalty at the Court of Cassation earlier this week for the 2014 murder of his wife, Manal Assi, according to local paper An-Nahar. (source: The Daily Star) SAUDI ARABIA: New anti-terror laws include death penalty The newly announced laws against terrorism and its funding include the death penalty. The new laws state that individuals defaming and publicly insulting the King and the Crown Prince will be sentenced to 5 to 10 years of imprisonment. Terrorists conducting terror attacks while carrying arms and explosives will face 10 to 30 years in prison. Terrorists establishing a terrorist cell or leading one will face 10 to 25 years in prison. Individuals receiving training from terrorist organizations on using arms, explosives, chemical substances, wired and wireless telecommunication devices and ways to smuggle them into the Kingdom will face 20 to 30 years in prison. Individuals who entice and coax another person to join a terrorist organization will face 8 to 25 years in prison. Individuals who set up a training camp or manage one or get training in such a camp will face 10 to 20 years in prison. The punishment will be harsher for individuals with a military background. They may face 20 to 30 years of imprisonment. Individuals who help terrorists with weapons in any way will face 10 to 30 years in prison. Individuals who misuse their status in any way either academic or social status or media influence to promote terrorism will face a maximum of 15 years in prison. Individuals who forge documents for terrorist operations and get training on martial arts for terrorist operations will face 10 to 30 years in prison. Individuals who smuggle explosives, atomic substances or wired or wireless communication devices will face 15 to 20 years in prison. Individuals conducting a terror attack that results in the death of 1
[Deathpenalty] death penalty news----worldwide
Nov. 4 ZIMBABWE: Mugabe wants return of death penalty to cure rising murder cases Zimbabwean president Robert Mugabe has made a case for the return of death sentence onto the law books. Mugabe cited the increasing rate of murder cases in the southern Africa country as justification for a return of the law. He also expressed worry at how people killed others because of trivial and ritual purposes. The 93-year-old was speaking at the funeral of a political ally, Don Muvuti, in the capital Harare on Wednesday. "Let's restore the death penalty. People are playing with death by killing each other. "Is this why we liberated this country? We want this country to be a peaceful and happy nation, not a country with people who kill each other," he added. The AFP news agency reports that the last execution in the country happened 12 years ago after which the hangman retired. But a justice ministry official is said to have disclosed that that over 50 people have since applied for the vacant post of the executioner. Reports indicate that the country currently has over 90 prisoners on death row. Rights groups have increasingly called for the death penalty to be scrapped from the law books across the world. Most African countries only have them sitting on the books but hardly implement them. Nigeria's Lagos State recently mooted death sentence for kidnappers after a spike in the crime. In Tanzania, however, President Magufuli was quoted as saying even though it was on the books, he will not be in a position to sign death warrant of convicts. "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. Tanzania's Penal Code, Cap 16 stipulates the death penalty for serious offenses like murder and treason. (source: africanews.com) EGYPT: ourist 'faces death penalty in Egypt' for carrying painkillersLaura Plummer remains in custody and her family says they were told she could face execution A British woman has been detained in Egypt after flying into the country with painkillers for her husband's sore back. Laura Plummer, 33, from Hull, was arrested when she was found to be carrying tramadol and Naproxen in her suitcase. The newspaper said she signed a 38-page statement in Arabic which she thought would result in her being able to leave the airport, but she has been held in a 15ft by 15ft cell with 25 other women for nearly a month. Her brother James Plummer, 31, said the family has been told she could face up to 25 years in jail, with one lawyer even mentioning the death penalty, The Sun reported. Irish citizen released from prison in Egypt after 4-year detention Mr Plummer said his sister had been arrested for what he thinks the authorities in Egypt call "drug trafficking", but said she had only brought a small amount of medication for her Egyptian husband who she visits 2 to 4 times a year. The Sun said she took 29 strips of tramadol, each containing ten tablets, plus some Naproxen, adding that her husband suffers back pain due to an accident. Mr Plummer said: "It's just blown out of proportion completely." He said his sister just thought she was doing a "good deed" by bringing the medication over to her husband, and said she will be "completely out of her comfort zone" in jail. "She's so by the book, so routine, she just likes her own home comforts, watches Emmerdale every night or things like that, going to bed at 9 o'clock every night," he said. Mr Plummer said his mother and sisters have travelled to Egypt to visit Laura following her arrest on 9 October, adding: "They say she's unrecognisable. When they seen her, she's like a zombie, they said." He said her hair is starting to fall out due to stress and he voiced concerns about how she will cope. "I don't think she's tough enough to survive it," he said, adding: "She has a phobia of using anybody else's toilet, so let alone sharing a toilet and a floor with everybody else. That will be awful for her, it'll be traumatising." Mr Plummer said the family feel "helpless" due to being in a different country, and said of his sister: "It's awful for Laura ... she's not a tough person at all. She's only small." A Foreign Office spokesman said: "We are supporting a British woman and her family following her detention in Egypt." (source: The Independent) IRAN: Thousands of Iranian Death Row Inmates to Receive Sentence Reviews Under Amended Drug Law Thousands of Iranians currently on death row for low-level drug crimes will receive sentence reviews under a newly amended law, announced Tehran Prosecutor Abbas Jafari Dowlatabadi on October 31, 2017. "The judges presiding over these cases have to be ready to implement the newly amended Law Against Drug Trafficking," he said. "The law will become mandatory 15 days after
[Deathpenalty] death penalty news----worldwide
Nov. 3 KUWAIT: Appeal 'hearing' in Shamlan's death row case set for Jan 17 The Court of Appeals postponed until Jan 17, 2018 the hearing on the appeal against the lower court's death penalty ruling on Abdul-Aziz Al- Shamlan who is accused of running over, stabbing and murdering Turki Al- Enezi - a police officer. The Public Prosecution had earlier charged Al-Shamlan with 1st degree murder as he intended to kill by running over several police officers who were manning a security checkpoint. The prosecution also charged him with publicly transgressing the authority of HH the Amir, inciting people to join a group whose main agenda is to spread ideologies which will shatter the prevailing system in the country, destroying properties of others and resisting arrest. (source: Arab Times) INDIA: HC sets aside death penalty for three of Dandupalya gang The High Court on Friday set aside the death penalty awarded to 3 members of the Dandupalya gang and acquitted another member as the charges of dacoity and murder against them had not been proven. However, the court sentenced all 3 to rigorous imprisonment for 10 years and fined them 10,000 each as the charges of robbery had been proved. The 3 accused are Venkatesh alias Chandra, Munikrishna alias Krishna and Nallathimma alias Thimma. The 4th accused Lakshmamma was acquitted. The division bench of Justice Ravi Malimath and Justice John Michael Cunha on Friday said the 3 convicts are entitled to the benefit of set-off for the period of detention, they have already undergone. The convicts were lodged in Hindalaga Jail in Belagavi. They had filed appeals in HC against the judgment of Special Court at Central Prison in Parappana Agrahara in Bengaluru, which had awarded death penalty to them in 2010. Meanwhile, the special court sent reference to the HC for confirmation of the death penalty. After hearing the appeals, the division bench had reserved the judgment on July 31, 2017. The prosecution said: "The 4 accused persons on March 22, 2000, along with 3 other accused persons gained illegal entry into a house at Magadi Main Road in Kamakshmipalya police station limits in Bengaluru, on the pretext of asking for drinking water and smothered to death one Sudhamani (42) and her of robbed 4 golden bangles and Mangalasutra." They were arrested on January 31, 2001 on the outskirts of Echanur village in Tiptur taluk of Tumakuru district. "Except the proof of recovery of gold ornaments from the 3 accused, no other evidence is produced by the prosecution to show that robbery and the murder occurred at the same time. None of the ingredients of IPC section 396 (dacoity with murder) was proven by the prosecution. No convincing evidence has been offered to connect the accused to teh murder. 4th accused is entitled to be acquitted outright as there is no evidence against even with regard to robbery," the division bench said. "It is unfortunate that the sessions judge has relied on the voluntary statements of the accused to award death penalty. Therefore, death penalty cannot be sustained," the bench said. While urging the court to confirm the death penalty, the Special Public Prosecutor submitted that necessary materials are produced before the trial court to prove that the accused were the members of a notorious gang who were facing trial in 111 cases on the similar charges. The accused have been adopting a similar modus operandi in identifying the houses occupied by lonely women and gaining entry therein on the pretext of asking for drinking water and then killing them before robbing them. (source: newindianexpress.com) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
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Nov. 1 ZIMBABWE: Zimbabwe's Mugabe says he favors resumption of executions Zimbabwe's President Robert Mugabe said Wednesday he is in favor of resuming executions after more than a decade in response to rising murder rates. The last execution in the southern African nation was in 2005. Although he said his cabinet is divided on the issue, Mugabe said he favors lifting the moratorium on executions. "Let's restore the death penalty," he said, speaking at the burial of a political ally. He did not say when it could happen but said that "if you hear people are being executed, know Mugabe's thinking has prevailed." Zimbabwe's law allows for the death penalty for people convicted of murder "in aggravating circumstances." Women and offenders younger than 17 and older than 70 are exempt from executions. Over 90 prisoners are on death row, according to official figures. The hangman's job has been vacant in Zimbabwe for over a decade, but justice ministry permanent secretary Virgina Mabhiza has said recent months have seen a "flood" of applications in the economically struggling nation. Mabhiza said more than 50 people had applied. Zimbabwe imposed 8 death sentences last year, according to Amnesty International. The human rights group said 97 people were known to be facing death sentences in the country as of the end of 2016. (source: Associated Press) TAIWAN: Taiwan's enduring death penalty In May 2014, a man stabbed 4 people to death and injured dozens on a Taipei train. He was executed on 10 May 2016 - 10 days before President Tsai Ing-wen assumed office. The pace of executions in Taiwan has waxed and waned over recent decades - after a nearly 5-year pause in executions, 33 people were executed between 2010 and 2016. Today, the death penalty remains legal, popular and contentious. Treason, piracy and serious drug offences are among the crimes for which courts may impose a death sentence, although the overwhelming majority of executions in the last decade have been for murder. Retention of the death penalty is permitted but discouraged under the International Covenant on Civil and Political Rights (ICCPR), which Taiwan adopted as domestic law in 2009. In January 2017, a group of independent human-rights experts invited by the Taiwanese government to review compliance expressed its 'strong regrets that there has been no progress in the abolition of capital punishment as the utmost form of corporal punishment'. Since the adoption of the ICCPR, there have been procedural adjustments - such as requiring appellate sentencing hearings in all capital cases - and a concomitant drop in the number of death sentences finalised by the courts. But there has been no change in the government's basic position that the death penalty is legal. The death penalty is also popular. A 2016 poll by the National Development Council found that nearly 88 % of the public were against its abolition. This high degree of public support is less surprising when viewed in light of the poll's timing - it immediately followed a public outcry over the grisly murder of a 4 year old girl. But an earlier 2015 poll similarly found that over 80 % of people did not support abolition. It is also hard to find any lawyers, judges or legal academics in Taiwan who expect this support to markedly decrease anytime soon. They hope to gradually increase public support for abolition by exploring accompanying reforms aimed at shoring up public safety, including the possibility of introducing life without parole. Despite widespread support among the general public, the death penalty remains contentious in political circles. In 2016, a legislator proposed an amendment to the criminal law that would require the death penalty in most murder cases where the victim is a child. In contrast, at the 2016 European Union-Taiwan Human Rights Exchange Programme a group of legislators met with EU human rights experts to discuss possible alternative sentences to the death penalty. The executive branch has likewise displayed discordant views. Wang Ching-feng, who served as president Ma Ying-jeou's minister of justice from 2008-2010, resigned over her refusal to sign execution orders. The next minister, Tseng Yung-fu, promptly approved the execution of 6 people on death row and signed 21 execution orders in total. His successor, Luo Ying-shay, signed 12 execution orders during her tenure. The current Minister of Justice, Chiu Tai-san, has been circumspect in his public remarks, calling for dialogue between those in favour of and opposed to the death penalty. President Tsai too has avoided taking a clear public stance since taking office, though in 2015 she did remark that abolition of the death penalty required both a social consensus and comprehensive complementary measures, neither of which she saw present in Taiwan. Looking to other countries' experiences, abolition is more
[Deathpenalty] death penalty news----worldwide
Oct. 31 PERU: Peru President: Constitution does not allow capital punishment Peruvian President Pedro Pablo Kuczynski on Monday declared the Political Constitution of Peru does not allow death penalty for child rapists, but he stressed people committing these crimes must be severely punished. "I can well understand how people feel about these dreadful crimes like child rape. I understand it is absolutely unacceptable. However, our Constitution does not accept death penalty," the statesman said. According to President Kuczynski, these people must be treated at a psychiatric hospital as well as severely punished. Peru's top official also noted he will meet with Justice Minister Enrique Mendoza, who recently argued in favor of the death penalty for these particular cases. "Child rape is unacceptable just like any type of rape," he pointed out. The article 140 of the Constitution stipulates the capital punishment can only be applied for crimes of treason in wartime or terrorism in accordance with the laws and the treaties to which Peru is bound. Remarks were made during Mr. Kuczynski's participation in the relocation works of the Shipibo-Konibo community from Cantagallo (Lima province). (source: andina.com.pe) SOUTH SUDAN: South Sudan military court sentences soldier to death over murder A military court in South Sudan has sentenced a soldier convicted of murder to death by firing squad, and dismissed 20 others from the military for crimes including rape, murder and theft committed in 2013-2016. The Sudan People's Liberation Army (SPLA) general court martial said on Wednesday that it had heard 38 cases since 2013, of which 17 suspects were acquitted due to lack of evidence and the remainder convicted of crimes such as murder, rape, abduction, negligence, dissertation, embezzlement and theft. Joseph Oduange Kompeo, who previously served under the Military Police Unit, was found guilty of shooting dead his colleague, Private William Deng Uchella on May 1, 2016, and is to be executed with firing squad. The court also convicted 5 others of murder, and ordered them to pay blood compensation of 51 cows or an equivalent of 320 U.S. dollars to the relatives of the deceased or face jail terms of up to 3 years. According to South Sudanese laws, murderers face up to 10 years in jail with a fine paid to the victim's family, or a maximum of the death penalty, and rapists face up to 14 years. Defense attorney Peter William, said he is going to appeal the verdict within 15 days as provided by law. South Sudan has been raged by more than 3 years of civil war that has created one of the world's fastest growing humanitarian crises as some 4 million people have been displaced internally or externally. UN human rights investigators and other rights campaigners have on several occasions accused both the army and rebels of committing atrocities since civil war. Reacting to the verdict, Defense Minister Kuol Manyang Juk said the sentences will send a clear message that bad behavior and impunity will not be tolerated in the military. (sources: Xinhua/NewsGhana.com.gh) IRANexecutions 3 Executions on Murder Charges 2 prisoners were hanged at Mashhad Central Prison and 1 at Zahedan Central prison, all on murder charges. Executions in Mashhad According to a report by Khorasan Newspaper, on the morning of Tuesday October 24, 1 prisoner was executed at Mashhad Central Prison on murder charges. The prisoner, identified as Majid M., was arrested in February 2007 and sentenced to death on the charge of murdering a taxi driver under a robbery. Another prisoner was executed at the same prison on murder charges on the morning of Thursday October 26. The prisoner, identified as Hossein S., was charged with murdering a shepherd with intent to steal his livestock in January 2014, when he was 22. Execution in Zahedan According to the Human Rights Activists News Agency (HRANA), on the morning of Sunday October 29, a prisoner was executed at Zahedan Central prison on murder charges. The prisoner, identified as Majid Ramroudy, 25, had been held in prisoner for nearly 5 years. The execution of Majid Ramroudy has not been announced by official Iranian media so far. According to Iran Human Rights annual report on the death penalty, 142 of the 530 execution sentences in 2016 were implemented due to murder charges. There is a lack of a classification of murder by degree in Iran which results in issuing death sentence for any kind of murder regardless of intensity and intent. (source: Iran Human Rights) ** UNPO Strongly Condemns Death Sentence of Ramin Hossein Panahi Issued by Iran UNPO strongly condemns the unjust and immoral decision of the Islamic Republic of Iran to sentence Ramin Hossein Panahi, representative of Komala party of Iranian Kurdistan, to the death penalty. Following his illegal capture on 23
[Deathpenalty] death penalty news----worldwide
The next news posting to this list will be either Friday or Saturday, Oct. 27th or 28th ** Oct. 25 KENYA: Kenyan husband facing the death penalty as he's accused of executing his Australian wife, 40, with a single gunshot to the neck The estranged husband of Australian teacher Gabrielle Maina could face the death penalty in Kenya if he is charged and convicted of her murder. The 40-year-old mother of 2 boys, aged 8 and 4, was killed by a single gunshot to the neck in the upmarket Nairobi suburb of Karen last Thursday. Her husband Cyrus Bernard Maina Njuguna and another man, John Njuguna Waithira, were arrested over the shooting and faced court on Tuesday. The investigation is still in the early stages and charges have not been laid against the arrested men. The Kenyan judiciary has warned the pair could face a 'mandatory death penalty' if charged and convicted. Their lawyer Wilfred Nderishu told the ABC his clients were innocent and there was evidence to show neither was at the scene of the killing. 'There is evidence that is capable of corroboration by many people, as many as 10, that Cyrus was in his office at the time that the murder took place,' Mr Nderishu said. 'Therefore, there is no way he can be placed at the scene.' The court granted police a request to hold the two men in custody for another seven days while they gather evidence. They are next due to appear on October 31. Before Tuesday's court hearing Ms Maina's lawyer, George King'ori, who became her legal representative ahead of her death, said the couple was in the midst of divorce proceedings in the Kenyan courts. The head teacher at Hillcrest Prepatory School in Karen was granted a restraining order against her husband in April. 'She feared he had become irrational,' Mr King'Ori told AAP. Karen police have confirmed to Kenya's The Standard that Mr Maina was being held as the prime suspect in Ms Maina's murder. 'We believe he has information that can help us know how and why she was murdered,' Karen OCPD Cunningham Suiyanka told the newspaper. 'He is here with another suspect for interrogation.' Police have also seized and are checking Ms Maina's phone, which was taken by one of her alleged attackers. Investigators believe she was accosted by three men while walking home after dropping off one of her sons at a friend's home. A post-mortem revealed she was shot in the neck, with the bullet exiting through her back, authorities said. Because of the angle of the bullet and marks on her knees, investigators believe she was kneeling at the time. Ms Maina moved to Nairobi from Sydney in 2015 so her 2 sons could experience another culture and grow up near her husband's extended family, a friend told AAP. She had taught English and drama for almost 5 years at Sarah Redfern High School in Sydney. (source: dailymail.co.uk) INDIA: Dr Noose? Spare us - Doctors want no part in hangings India's largest private body of doctors has taken the stand that physicians should not be asked to participate in executions, iterating a resolution passed by a global confederation of medical associations 5 years ago. The Indian Medical Association (IMA) has asked the country's medical regulators to revise conduct codes to prevent doctors from playing any role in executions, in line with a 2012 resolution passed by the World Medical Association. Under the existing protocol, prison doctors are expected to attend hangings to examine the convicts for signs of life and to pronounce death. "No doctor should be present during the process of execution. This would be a violation of medical ethics and should be deemed professional misconduct," Krishan Kumar Aggarwal, senior cardiologist and IMA national president, said. He, however, clarified that a doctor may be requested to examine a body after an execution for certification of death. In 2012, the World Medical Association had said in a resolution that it was "unethical for physicians to participate in capital punishment, in any way, or during any step of the execution process, including its planning and the instruction and/or training of persons to perform executions". Aggarwal said the IMA was a member of the world body and, therefore, a signatory to all its policies and resolutions. "We believe the (2012) resolution should be adopted in India and we have written to the Medical Council of India on this," he told The Telegraph. A team of doctors from the Mumbai-based Forum for Medical Ethics had earlier taken the matter up with the National Human Rights Commission in 1994, arguing against doctors' presence at executions. "It's good the IMA is finally taking a position on this," said Amar Jesani, physician and editor of the Indian Journal of Medical Ethics who had been among the doctors who had met the rights panel. What if a doctor examines a just-hanged convict at the execution
[Deathpenalty] death penalty news----worldwide
Oct. 24 UNITED ARAB EMIRATES: Death sought for accused in rape-murder case of boy in Abu DhabiSuspected committed the heinous crime in the holy month of Ramadan, say prosecutors Prosecutors here asked for the death penalty for what they termed as a "merciless beast" suspected in the rape and murder of a Pakistani boy in June. Public prosecutors presented evidence in court, during which the victim's father broke into tears - and prosecutors argued for the maximum punishment to be meted out on the accused. The suspect earlier pleaded not guilty in court after he was accused in the Pakistani boy's murder-slay case. The victim's father burst into tears after hearing the detailed narrative of the case and the merciless rape and murder of his son. The prosecution said the suspect didn't care about the fact that it was during holy month of Ramadan when he committed the heinous crime. The boy, Azan Majid Janjua, 11, had gone missing in June. His body was later found on the rooftop of the building where his family lived. Upon the defence lawyer's request to study the claims of the prosecution, the case was adjourned to October 31. During the October 11, 3rd hearing, it was established that the accused is mentally and psychologically fit to stand trial. Medical records submitted to the Abu Dhabi Criminal Court on Wednesday affirmed the mental fitness of the accused. In a previous hearing, his defence lawyer claimed the accused was psychologically unfit and demanded for a professional evaluation of his mental capacity. (source: Gulf News) INDONESIA: Indonesia Rejects UN Recommendation to Abolish Death Penalty Jakarta. Indonesia on Thursday (21/09) accepted 167 of the 225 recommendations it received from international delegations during the 27th session of the United Nations Universal Periodic Review, or UPR, earlier in May, but crucially rejected the recommendation to abolish the death penalty. Indonesia said the remaining 58 recommendations, including ones on abolishing the death penalty, addressing past human rights violations and ending prosecutions under blasphemy laws, "were noted" but considered "not in line with the priorities in Indonesia's human rights agenda." Indonesia went through its third UPR cycle in May, and had straight away accepted 150 recommendations put forward by 101 delegations during the review while placing the remaining 75 under further examination. Indonesia stated its final position on the pending recommendations during the 36th session of the Human Rights Council last week. During the session, Indonesia reaffirmed its position that "the death penalty is still a prevailing positive law in Indonesia." "However, the revision of the penal code had provided a more robust safeguard in due process of law on the death penalty," Indonesia's deputy permanent representative to the UN office in Geneva, Michael Tene, said. The United Kingdom said it "regretted that the recommendations on the moratorium on the use of the death penalty had not been supported" and repeated its call that no evidence suggests death penalty is a more effective deterrent than alternative forms of punishment. Other delegations in the session also expressed concerns that the Indonesian government had not addressed discrimination against minority groups in the country, which include lesbian, gay, bisexual and transgender persons and followers of religious minorities. "Indonesia took note of the remaining 58 recommendations with the consideration that they are not in line with the priorities in Indonesia's human rights agenda. Some of the recommendations were also inaccurate and not based on facts," Michael said, according to a statement released by the Foreign Affairs Ministry. The National Commission on Human Rights (Komnas HAM) urged the Indonesian government nevertheless to take some measures to deal with the recommendations it did not accept, including "measures to eradicate impunity, prioritize the settlement of gross human rights violations, guarantee freedom of religion and belief, ensure freedom of expression and abolish the death penalty." Komnas HAM and Amnesty International also noted that Indonesia has yet to ratify several international human rights accords, including the Optional Protocol on the Convention Against Torture and Convention for the Protection of All Persons From Enforced Disappearance. (source: Jakarta Globe) SYRIA: IS 'executed' 116 in Syria town revenge campaign: monitor The Islamic State group killed 116 people it suspected of collaborating with the Syrian regime in Al-Qaryatain this month before losing the desert down to government forces, a monitor said Monday. "IS has over a period of 20 days executed at least 116 civilians in reprisal killings, accusing them of collaboration with regime forces," said Rami Abdel Rahman, head of the Britain-based Syrian Observatory
[Deathpenalty] death penalty news----worldwide
Oct. 23 INDIA: Death penalty hangs by a thin thread While not revisiting the subject of the constitutional validity of the death penalty, the Supreme Court recently took up the matter of the mode of execution of those on the death row and issued a notice to the Centre, with the observation whether the State could think of an alternative mode to hanging by the neck. A Delhi advocate has challenged Section 354 (5) of the Criminal Procedure Code, which states that when any person is sentenced to death, he shall be hanged by the neck till he is dead. The petitioner has sought the court's intervention to reduce the suffering of the condemned prisoner, contending that when a person is hanged, his dignity is destroyed. While admitting the petition, the court observed, "Legislature can think of some other means by which a convict, who under law has to face death sentence, should die in peace and not in pain. It has been said since centuries that nothing can be equated with painless death," This is not the 1st time that the Supreme Court is examining the mode of execution. In Deena Dayal vs Union of India, decided in 1983, it reviewed the provision of S.354 (5) and said, "It is clear from this narrative that neither electrocution, nor lethal gas, nor shooting, nor even the lethal injection has any distinct or demonstrable advantage over the system of hanging. Therefore, it is impossible to record the conclusion with any degree of certainty that the method of hanging should be replaced by any of these methods. ...torture, brutality, barbarity, humiliation and degradation of any kind is impermissible in the execution of any sentence. The process of hanging does not have any of these, directly, indirectly or incidentally." In its 187th Report submitted in 2003, the Law Commission of India examined the same subject and stated that administering a lethal injection is a less painful form of execution. It recommended that Section 354(5) needs to be amended by providing an alternative mode of execution of death sentence by administering lethal injection until the accused is dead. It also felt that the convict should be given an opportunity to choose the mode of his execution. Amnesty International reports that 2,666 persons were executed in 2015 and 2016 in the world. China, Iran, Saudi Arabia, Iraq and Pakistan are the top five countries where most executions took place.Beheading, hanging, lethal injection and shooting are the four major methods of execution. In India, the law provides for execution by hanging and shooting, the latter method prescribed in laws relating to the armed forces. In cases of hanging, the prisoner is taken to the gallows enclosure which contains a beam for the rope to be tied and a platform with a trap door on which he stands and the noose is tied around his neck. When a lever is pulled by the executioner, the doors open, resulting in a sudden drop of the prisoner, which tightens the noose. The weight of the prisoner's body becomes the constricting force. Death is caused due to asphyxia and venous congestion. While normally death can occur within 3-5 minutes, if the convict has strong neck muscles, or is very light in weight, or if the 'drop' is too short, or the noose has been wrongly positioned, death can take a longer time. When interviewed by this author, a hangman, who has hanged over 20 convicts, stated that in his long service, excepting for one convict, all had died almost instantaneously. He also revealed that availability of hangmen like him has now become a problem in India. Painless death Until 1890, hanging was in vogue in the United States. Subsequently, many other methods of execution like the electric chair, gassing and lethal injection have been tried. A large number of American states now use the lethal injection, wherein 3 drugs are injected. The bound convict is given intravenous drips containing an anaesthetic, followed by a muscle paralytic that stops the prisoner's breathing, and a drug which stops the heart. This method of execution is reportedly painless. Due to shortage of availability of the 3 drugs, many states in the US are now using a single drug. Medical ethics precludes doctors from giving lethal injections. The last hanging in India took place in July 2015 when Yakub Memon, convicted for the 1993 Mumbai blasts, was hanged at Nagpur prison. In February 2013, Afzal Guru, convicted for the 2001 Parliament attack, was hanged at Tihar Jail. Ajmal Kasab, convicted for the 2008 Mumbai terror attack, was hanged in Yerawada jail. While the above cases were convictions for acts of terrorism, Dhanonjoy Chaterjee was hanged in August 2004 in Kolkata for raping and murdering a child. Despite several discussions on the modes of execution, the legislation has not been amended so far. Considering that in the last 17 years, only 4 persons (including three for terror offences) have been
[Deathpenalty] death penalty news----worldwide
Oct. 21 LEBANON: Death penalty for Bachir Gemayel killers Former President-elect Bachir Gemayel's killers were sentenced to death in absentia Friday, 35 years after a bomb was detonated targeting Gemayel in Ashrafieh. "Finally, the verdict was released in the name of the Lebanese people after 35 years of working for [justice] for Bachir and his friends," Solange Gemayel, Bachir's widow, said following the court's decision. She added: "I'm speaking as the mother of a martyr and the wife of a martyr - just like thousands of other Lebanese who believed in the cause." Gemayel thanked the judicial council and said the decision allowed the state to regain its authority and would restore the Lebanese citzens' belief in constitutional institutions. Head of the Judicial Council Judge Jean Fahed announced the verdict from Beirut's Justice Palace, calling for the death penalty to be given to Nabil Alam and Habib Chartouni. The audience erupted in applause. Fahed said the 2 suspects, who were tried in absentia, carried out an act of terrorism and had played a part in compromising the political stability that Gemayel was on the verge of bringing about. Chartouni and Alam were also stripped of their civil rights, while the court ordered compensation to be paid to the families of those killed in the 1982 bombing. Members of the Kataeb Party, the Lebanese Forces and Gemayel's family attended the hearing at Beirut's Justice Palace. Meanwhile, members of the Syrian Socialist National Party protested outside the Justice Palace and in Tayyouneh, calling the killing of Gemayel a national duty, not a crime. Lebanese Army soldiers deployed outside the Justice Ministry to prevent any scuffles breaking out. Gemayel's nephew, MP Sami Gemayel, posted a picture of Bachir and tweeted: "#AccountabilityDay #JusticeforthesakeofallLebanon #BachirGemayel." Walking in to the hearing, he told reporters, "Today is a historical day." Also before the announcement, Bachir's son, MP Nadim Gemayel, said: "Even 35 years later, you still make them shake #JusticeforthesakeofallLebanon." Outside the Justice Ministry, one SSNP supporter said, "If my father was seen entering an Israeli tank, I would kill him. Today, we are all Habib Chartouni." The man added: "This was not a political killing, rather it was done to carry out justice." Such comments seemingly indicated that SSNP all but admitted to the killing of the president-elect. After the trail was opened in November 2016, multiple hearings were held as the fugitive Chartouni, who is believed to be living in Syria, was prosecuted in absentia. He had allegedly confessed to planting and detonating the bomb. Fahed opened the trial last year and originally gave the SSNP member 24 hours to turn himself in. Chartouni was charged with the assassination but never stood trial once the case had been transferred to the Judicial Council. He escaped from prison in 1990, after Syrian troops stormed east Beirut. Bachir Gemayel was a senior Kataeb party member and commander of the LF during the Civil War. He was elected president on Aug. 23, 1982. 9 days before he was scheduled to be sworn into office, Gemayel, other Kataeb Party members and bystanders were killed when a bomb exploded at the party's headquarters in Ashrafieh. Prior to Gemayel's election, he was accused of being close to Israel and being anti-Palestinian. Following his election, the former LF leader banned all LF members from wearing their uniforms in public, and demanded that the Lebanese Army be the sole defender of the state. (source: The Daily Star) SAUDI ARABIA/INDONESIA: 2 Indonesians granted pardon in Saudi The Indonesian government has managed to successfully secure the release of 2 Indonesians on death row in Saudi Arabia and repatriated them on Saturday. "The 2 Indonesian citizens, identified by their initials as DT and AHB, arrived today in Indonesia through the Soekarno-Hatta Airport," Director of Indonesian Citizens Protection of the Ministry of Foreign Affairs Lalu Muhammad Iqbal noted here on a message received on Saturday. The 2 Indonesians were released after serving their prison term and caning sentence at a womens penitentiary in Jeddah, Saudi Arabia. Iqbal revealed that DT and AHB came to Saudi before 2002 as illegal migrant workers in Jeddah. Both had lived in an illegal settlement in Jeddah along with other illegal migrant workers. The legal case started in May 2002 when a body of an Indonesian woman named AA was found dismembered into 2 pieces in the settlement. A Thai, the victims husband, was freed from accusation charges since he was not found guilty. Meanwhile, DT and AHB were named as suspects in a case, as they escaped from the settlement. The 2 Indonesians were sentenced to death by the General Court of Jeddah on April 12, 2010. The Indonesian government had provided legal assistance to the 2
[Deathpenalty] death penalty news----worldwide
Oct. 20 PAPUA NEW GUINEA: Death row inmates denied full protection of the law The Court, presided over by Justice David Cannings, in a 53 page judgment and report of the Inquiry, concluded that all prisoners sentenced to death in PNG are being denied the full protection of the law, contrary to the Constitution of the country. And he has ordered a stay on any execution of prisoners who have been sentenced to death until their rights under the constitution are fully complied with. The Court which commenced the proceedings on its own initiative, styled as an inquiry into human rights of prisoners sentenced to death, was to, identify which prisoners have been sentenced to death, identify what human rights they have and whether those rights are being afforded to them and examine the role of the Advisory Committee on the Power of Mercy. 5 respondents, who are senior office-holders in the criminal justice system, assisted the Court in its inquiry, they were the Principal Legal Adviser and Attorney-General, the Public Solicitor, the Public Prosecutor, the Commissioner of the Correctional Service and the Registrar of the National Court and Supreme Court. Justice Cannings in his judgment discussed 10 questions which included the Courts jurisdiction to conduct the inquiry, the procedures used, What offences attract the death penalty? What is the method of execution of a person sentenced to death? Who has been sentenced to death? What human rights do prisoners sentenced to death have? What is the role of the Advisory Committee on the Power of Mercy? What is the present status of those on death row? Are the human rights of prisoners sentenced to death being afforded to them? and what declarations or orders should the court make? The most serious concern raised in the judgment by Justice Cannings is the absence of the Advisory Committee on the Power of Mercy which the court found to have become defunct and accordingly made a declaration to that effect. "There has been a failure over an extended period on the part of the National Government, in particular the National Executive Council, to comply with the duty to facilitate appointments of members of the Advisory Committee on the Power of Mercy and to provide it with staff and facilities. The Committee has become defunct. This leaves all prisoners on death row with no effective opportunity to invoke their right to the full protection of the law by applying for exercise of the power of mercy." "This has created a gap in the criminal justice system. It involves a breach of the Constitution and an infringement of human rights which must be remedied as a matter of priority." Other matters of concern raised are the apparent failure of the Correctional Service to ensure that prisoners sentenced to death are given special care and treatment in accordance with Section 105 of the Correctional Service Regulation and the lengthy delays in implementation of the death penalty. The court ordered that the National Executive Council shall, by January 1, 2018, facilitate appointments of members of the Advisory Committee on the Power of Mercy and ensure that all arrangements are made, staff and facilities are provided and steps are taken to enable and facilitate, as far as may reasonably be, the proper and convenient performance of its functions and that there shall be no execution of any prisoner who has been sentenced to death, irrespective of whether his appeal and review rights have been exhausted. (source: Papua New Guinea Post-Courier) IRAN: UN Implores Iran Not to Execute Another Child The United Nations implored the Iranian Regime to halt today's execution of a juvenile offender who was sentenced to death at the age of 16. Several human rights experts released a joint statement, from the Office of the UN High Commissioner for Human Rights (OHCHR), which read: "The Iranian authorities must immediately halt the execution of this juvenile offender and annul the death sentence against him in compliance with their international obligations ... International standards unequivocally forbid imposing the death sentence on anyone under 18 years of age." The experts include: Asma Jahangir, Special Rapporteur on the situation of human rights in the Islamic Republic of Iran; Agnes Callamard, Special Rapporteur on extrajudicial, summary or arbitrary executions; and Renate Winter, current Chairperson of the Committee on the Rights of the Child. Amirhossein Pourjafar was sentenced to death in September 2016 for the rape and murder of a 7-year-old Afghan girl. It was claimed that he had the mental maturity to understand the nature of the crime and the consequences of its actions. This sentence was upheld by the Supreme Court in January 2017. The human rights experts said: "We deplore the continued scheduling of the executions of juvenile offenders. Iran should immediately and unconditionally
[Deathpenalty] death penalty news----worldwide
Oct. 19 THAILAND: Is the Thai legal system good enough to justify death penalty? Re: "Thailand moves toward abolishing death penalty", The Nation, yesterday. I can't cite any evidence for Thailand as I don't even know where to look. However, as a keen reader of news, I have seen several recent cases in the US where people were convicted of a capital offence and then later exonerated, usually by DNA evidence. If one believes that the death penalty is a reasonable sentence (I don't), then there has to be 100 % confidence in the legal system. Does anyone here have 100 % confidence in the Thai legal system? I didn't think so... Samui Bodoh -- Nor in that of any nation on the planet. In the United Kingdom, dozens of people who would have been executed were later found to be not guilty. People who want the death penalty tend to be low intelligence specimens who believe the state-sponsored murder of innocents is an acceptable price until of course it's their family member! John Richards -- Thailand is well and truly surrounded by countries that have the death penalty. Cambodia is one exception while Laos is in transition. Interestingly, the Philippines has no death penalty but President Duterte and his cronies seemingly can execute members of the public at will without trial. He is also attempting to reintroduce the death penalty in the legal system. Cadbury -- Abolishing the death penalty is a step backward. In Australia each of these criminals costs the country about $110,000 (Bt2.8 million) per year to keep in jail. They get a nice room, no bills. They get ice-cream and pizzas. Why are they rewarded for their crime? Cancerian (source: source: Letters to the Editor, The Nation) SAUDI ARABIA: Saudi Arabia is executing teenagers for using social media - you call that 'reform'?Some juveniles are facing the death penalty for using Whatsapp and Facebook to organise protests. This week, British Foreign Office Minister Alistair Burt used a trip to Riyadh to reaffirm the UK's strong support for Saudi Arabia. The visit comes amid an unprecedented jump in executions in the Kingdom. Saudi authorities have executed over 100 people since January, setting the regime on course to meet the record totals of executions we've seen in the last 3 years. These terrible numbers put Saudi Arabia comfortably within the ranks of the world's top 5 executing countries. As is so often the case, the most vulnerable people in society end up awaiting the executioner's blade. Since 2012, and the height of Arab Spring protests calling for democracy, scores of people, including juveniles, have been arrested, tortured and sentenced to death for the 'crime' of attending protests. Some have been executed. For example, Ali al-Ribh. Ali was a juvenile and in school when he was arrested. He was tortured into making a false confession, and subjected to a sham trial before Saudi Arabia's notorious Specialized Criminal Court. The Kingdom says the Court was set up to hear terrorism cases, but it has been routinely used to convict human rights defenders, protesters and perceived political opponents. Burt's visit comes as the Kingdom threatens another wave of executions of vulnerable protesters, including children. Mujtaba al-Sweikat, a talented student who had a place at an American university to study, was arrested at an airport en route to the US. Sweikat was arrested for attending pro-democracy protests in the country in 2012 when he was 17. He, like Ali, was tortured into "confessing" to various crimes, and now faces imminent execution, along with another 13 Saudi Arabian men. Facing death alongside him are 5 other juveniles - Ali al-Nimr, Dawood al-Marhoon, Abdullah al-Zaher, and Abdul Kareem al-Hawaj - as well as Munir al-Adam, a disabled young man. Some of their so-called crimes include using Whatsapp and Facebook to organise protests. Despite these ongoing abuses, Saudi Arabia's closest allies have been restrained in their criticism of the Kingdom's appalling use of the death penalty. On this week's trip to Riyadh, Burt stuck to the now-familiar mantra that the UK government is helping the Kingdom to 'reform'. He said Britain "work[s] closely with Saudi Arabia in some 'important areas' " and notably, that the UK "supports the delivery of Saudi Arabia's ambitious reform programme." But the Kingdom's reform programme is nothing more than a fig leaf offered to the international community. It fails to address Saudi Arabia's infamously poor human rights record, and the political repression that has seen juveniles like Mujtaba facing execution. Knowing this, it is deeply questionable that the UK government lends such strong support to the Kingdom's criminal justice system - a system that plays a central role in abuses, and shows no signs of reform. The British government has provided millions of pounds' worth of training to Saudi
[Deathpenalty] death penalty news----worldwide
Oct. 18 ZIMBABWE: The job crisis in Zimbabwe means dozens of people are keen to take a long-vacant hangman job Zimbabwe has taken strides in recent years to abolish capital punishment and there has been fervent debate about the future of the death penalty among locals, but there is strong interest in the job of hangman, which has been vacant for about 12 years. The overwhelming interest by Zimbabwean applicants for the executioner post could probably be explained by Zimbabwe's high unemployment rate, estimated to be over 80% by the World Bank and IMF. Over the last decade millions of Zimbabweans have left the country in search of greener pastures across Africa and beyond as the economy continues to struggle amid wilting foreign direct investment and company closures. Most Zimbabweans generate income through a busy informal economy and there are few well-paying formal jobs. Zimbabwe's justice ministry said this week that as many as 50 men and women have applied for the job of hangman "in the past few months". The last hangman Zimbabwe had retired in 2006. Virginia Mabhiza, secretary in the ministry of Justice, Legal and Parliamentary Affairs, said "people are very interested" in the hangman's job. There are about 90 people on death row in Zimbabwe but no executions have been carried out because the country does not have a hangman. President Robert Mugabe had to commute the death penalty for 10 inmates on death row last year and said his cabinet was divided over abolition of the death penalty. For example his deputy Emmerson Mnangagwa only escaped the noose for sabotage offenses during Zimbabwe's liberation war because he was under 18 years. The country last carried out an execution in 2005. Women, the mentally ill, juveniles and those above 70 years of age are exempt from capital punishment in "conformity to Zimbabwe's international obligations as a party to the International Covenant on Civil and Political Rights (ICCPR) which prohibits the execution" of these groups. Human rights groups such as Amnesty International have campaigned for the abolition of death penalty in Zimbabwe. However it is not clear when the country will appoint a hangman following the invitation for applications by Mugabe in August and subsequent overwhelming interest in the job. The Zimbabwe Lawyers for Human Rights said the Zimbabwean constitution was against the death penalty. "The death penalty breaches some fundamental human rights including the right to life as enshrined in section 48 of the Constitution and freedom from torture, cruel, inhuman and degrading treatment or punishment," Kumbirai Mafunda, spokesperson for ZLHR said by phone. (source: qz.com) THAILAND: Thailand moves towards abolishing death penalty As many as 447 convicts are now on death row in Thailand, which is reviewing the use of the death penalty. "We have started with the move to allow judges to exercise their judgment to decide whether a convict should be sentenced to death or life imprisonment - instead of prescribing death sentence as the only penalty for certain offences," the Rights and Liberties Protection Department's director-general, Pitikan Sithidej, said on Tuesday (Oct 17). She added that, in the next phase, the country might consider abolishing the death penalty for crimes that do not affect the lives of others. Pitikan was speaking at an event held to mark the World Day against the Death Penalty, which is observed on October 10. Thai laws now prescribe the death sentence for those convicted in 63 offences, including drug offences. Of the 447 convicts on death row, 157 have already been condemned through final court rulings. Of these, 68 were found guilty of drug-related crimes. A foreign speaker at the same event said there was no international consensus that drug offences were crimes against human lives. "It should also be noted that there is a difference between serious legal enforcement and the use of harsh punishments," he explained. Both Pitikan and Colin Josef Steinbach, the 1st counsellor (political, press and information) of the European Union delegation to Thailand, said at the same forum that there was no clear evidence that the death sentence could reduce crimes. "The end of death penalty is not about encouraging crimes; it's about cancelling unreasonable types of punishment," Pitikan said. Of 198 countries, 141 have already abandoned the use of death sentences. According to Pitikan, Thailand started implementing the death penalty in 1935. From that year until 2009, 325 convicts were executed. Initially, death-row convicts faced firing squads, but lethal injections have been used in recent times. However, in line with international trends, Thailand has not carried out any execution since August 2009. The country is expected to eventually abandon the death penalty altogether. One foreign speaker at the event
[Deathpenalty] death penalty news----worldwide
Oct. 17 MONGOLIA: Mongolian President set to bring death penalty back for child abuse crimes President of Mongolia Khaltmaa Battulga said he intends to bring back death penalty for child abuse crimes. Mongolian president has appointed lawyers to restore death penalty, Mongolian media report. "The death penalty is not suited in the current Mongolian society. We should talk about abolishing it when we have a stable society and matured individuals," Gogo Mongolia reported Battulga as saying. Capital punishment for child abuse-related or brutal murder cases has been abolished in Mongolia in 2012. Death sentence was formally removed from statutes by a 2015 Act, which took effect on July 1, 2016. (source: akipress.com) JORDAN: Rapist who killed Syrian child receives death penalty The Grand Criminal Court on Tuesday sentenced a man to death for raping and murdering a 7-year-old Syrian child in Amman in July. The jury said the defendant's confession and the technical evidence submitted during the trial proceedings were sufficient to convict the defendant and hand him the death penalty by hanging. The convict was charged with murder in accordance with article 2/328 of the Penal Code. Back in July, the rapist took the child away to an abandoned house in Amman's Jabal Al Nuzha district, sexually assaulted him and took his life in a gruesome crime, which stirred a furious public reaction. He was arrested shortly after leaving the house. (source: petra.gov. jo) ZAMBIA: President Lungu holds closed door meeting with a 3 man delegation from Amnesty International at State House President Edgar Lungu yesterday held a closed door meeting at State House with a 3 man delegation from Amnesty International where issues concerning death penalty, land acquisition and the rights for the poor majority were discussed. Special Assistant to the President for Press and Public Relations Amos Chanda says President Lungu emphasized during the meeting that the organisation is free to come to Zambia and conduct their own research where allegations of human rights abuses have occurred including illegal detentions. President Lungu noted that the team from Amnesty International is free to go anywhere in the country and report back to him with clear evidence of name and incident. The President has also asked the organisation to work closely with the Human Rights Commission (HRC) in either whistle blowing, addressing human rights concerns as well as making suggestions. Mr. Chanda added that Mr. Lungu has further called on Amnesty International to provide its input in what the country looks forward to see in the amended public order act, constitutional amendments and generally the human rights regime in Zambia. Meanwhile, the President has emphasized that on his part he does not think that death penalty is a deterrent and so he remains in a position where he wouldn't sign a death penalty for any prisoner. President Lungu added that he does not support the death penalty as a deterrent against the crimes. Mr. Lungu said he alluded to the decision he made to commute the death sentences of over 330 people adding that the status currently remains like that. However, debate can go on as to whether the constitutionality of the death penalty is constitutional or not bearing in mind that the case is before the Supreme Court, he said. Mr. Lungu has further urged the Human Rights Commission and Amnesty International to not just examine allegations when the rich and powerful people are involved but to also work for the human rights of the poor as the rich and powerful have easy access to lawyers. Amnesty International which was led by Secretary General from London Salil Shetty suggested that a matrix be created to assess where Zambia???s response on human rights is monthly, quarterly and yearly to which President Lungu was agreeable. Meanwhile, President Edgar Lungu has also called on all institutions involved in land alienation to ensure that the rights of the poor in terms of land acquisition take precedence. The President said no investor should displace people without taking care of their communal rights such as access to water and grazing land among other concerns. (source: lusakatimes.com) ZIMBABWE: 50 apply for hangman's post Over 50 Zimbabwean job-seekers have applied for the hangman's post which had remained vacant since 2005, a top official in the Justice ministry has said. Justice ministry secretary Virginia Mabhiza said her office would soon go through the applications, but would not give a timeline as to when the appointment will be made. "The response has been overwhelming and the applications have been from both men and women interested in taking up the position of hangman. We have received over 50 applications in the past few months. "People are very interested," Mabhiza said yesterday. Zimbabwe
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Oct. 16 RUSSIA: It is up to people to decide whether to cancel it or not - Bastrykin on moratorium on death penalty The moratorium on the death penalty can only be canceled in Russia following a referendum, Russian Investigative Committee Head Alexander Bastrykin stated. Such a decision can only be made following a referendum, Alexander Bastrykin said during his lecture in the Kutafin Moscow State Law University when answering a student???s question. Bastrykin said death penalty can only be applied in exceptional cases, according to Committee official spokesperson Svetlana Petrenko. This includes those who committed major crimes and threaten the society. Bastrykin favors humane actions and does not want to intimidate the public, Petrenko emphasized. Bastrykin's lecture was on origin and development of investigative practices in Russia and Committee's current goals. May we remind you that the moratorium on the death penalty has been in place in Russia since it joined the Council of Europe in 1996. Life in prison has been the maximum sentence in Russia since then.? (source: crimerussia.com) ALGERIA: Senior terrorist sentenced to death in absentia in Algeria An Algerian court on Sunday sentenced in absentia running away senior terrorist, Mokhtar Belmokhtar, alias Belaouar, to death penalty, APS news agency reported. The sentence has been pronounced by the prosecutor of the Criminal Court of Oran, western Algeria, as Belmokhtar, leader of the terrorist group of Al-Qaeda in the Islamic Maghreb (AQIM), was charged by the creation and management of a terrorist organization, abduction as well as arm detention and trafficking. The case dates back to April 2011. Detectives concluded that there was a terrorist plot to kidnap foreign nationals, specifically workers in charge of the construction of Oran tramway. Mokhtar Belmokhtar, was the mastermind of this plot, as he was first tried in absentia in 2012. By then 8 other defendants were also tried, including three in absentia, and 5 others were present at the court. Among these 5 defendants, 4 were sentenced to life prison, while the 5th defendant was set free due to lack of evidence. The prosecutor of the Criminal Court of Oran has reopened the case and sentenced in absentia Belmokhtar and his 3 companions to death penalty. It worth to recall that Mokhtar Belmokhtar, alias Belaouer (the 1 eyed) claimed responsibility for the terrorist attack that targeted a gas field in the Algerian desert in January 16th 2013. Al-Qaida linked militants attacked the gas field of Tiguentourine, in Illizi province, 1700 km southeast of Algiers and took some 800 workers as hostages, forcing the Algerian special forces to storm the field and release the hostages. This rescue operation left more than 37 dead, including 36 foreigners. As many as 29 assailants were killed, while 3 others were captured alive, according to an official report. (source: xinhuanet.com) PAKISTAN: Pakistan moves to narrow down death penalty scope27 crimes being reviewed in the wake of 'scathing criticism on excessive use of capital punishment' by UN, Western countries Pakistan has initiated the process to review punishment in 27 crimes carrying death sentence to narrow down the scope of death penalty, The Nation has learnt. The decision has been taken in the wake of the 'scathing criticism on the excessive use of this penalty' by UN Human Rights Mechanisms, Western countries, particularly EU member states as well as NGOs with global outreach, suggest documents exclusively available with The Nation. In a communication forwarded by Pakistan's Permanent Representative to UN in Geneva to the Ministry of Foreign Affairs in November 2016, the concerns of the international community (UN Human Rights Mechanisms, EU member states, and NGOs) with regard to the death penalty in Pakistan were highlighted. Keeping in view Pakistan's review of reports on human rights conventions at the UN level and concerns of the international community, the Ministry of Foreign Affairs moved a summary to the prime minister wherein some recommendations were made with regard to imposition of death penalty in Pakistan which compelled the authorities to review punishment for the crimes carrying death penalty. It is to mention here that National Action Plan for human rights, approved by the prime minister, has also proposed a review of existing legal framework in line with the national and international commitments related to human rights. The summary for the prime minister, a copy of which is exclusively available with The Nation, said that the 27 crimes which carry the death sentence in Pakistan may be reviewed to narrow down the scope of the death penalty. "Like other countries, a longer life sentence may be introduced for some of these crimes. A high-level committee may be constituted to look into the
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Oct. 15 NIGERIA: Freed from hangman's noose after 13 years, 2 ex-prisoners start afresh As a teenager, his dream was to play professional football. Williams Owodo, then 16, knew he had the skills and therefore needed to maintain his training routine daily to acutalise his passion. Little did he know that fate had a different plan for him. On February 1, 1995, in one of his usual evening trainings in Ajegunle area of Lagos, a fight broke out around the neighbourhood where the football field he trains is located. And someone died in the fracas and the Police apprehended him on his way home from football training. That was the beginning of his travails that culminated in a death sentence. He waited 18 years of harrowing experience for the hangman before he was freed through the providential intervention of the Legal Defence Assistance Project (LEDAP). Accused of murder, Owodo was tortured, tried, convicted and sentenced to death by hanging. But LEDAP launched an appeal against his conviction, which exonerated the condemned 'criminal' and validated his innocence. He reminisced: "I spent 9 years in Ikoyi Prison and was later transferred to Kirikiri Maximum-Security Prison, where I spent another n9 years. In total, I spent 18 years in prison for an offence I didn't commit. "Before the incident happened, my daily routine was to play football every evening in the field with my friends. While playing, a fight occurred and someone got killed. The Police arrested me and asked me to come and make statement at their station. "I got there and made a statement, but the Police tore it and forced me to sign an already written confessional statement that I conspired to murder the man. "When the torture became unbearable, without even reading the content of the statement, I signed it." It was on account of that statement that the Judge convicted him. Following the nullification of his conviction, Owodo was finally discharged from prison on November 13, 2013 after wasting 18 years of his youthful and productive life in wrongful incarceration. Owodo is not alone. Ganiyu Wahab, 53, then a businessman, was 40 when he had similar experience. He told The Guardian that he spent 13 years in condemned prisoners cell for an offence of murder he did not commit. He said: "I sell drinks, like beer and others, in cartons. Every year, I organised a party as a carnival for the people that patronised my business in that area. I had done that for about 5 or 6 years before then. "In that particular year, a musician came to perform. Area boys and girls, as well as my customers also came to enjoy themselves, because it held every December. "There was this girl in my area that had an issue with her boyfriends. Suddenly, 2 guys began to fight over her and I was inside my shop when someone informed me that people were fighting outside. "Before I got outside, 1 of the girl's boyfriends had stabbed the another one with a small knife. I wasn't even at the scene. "When the injured guy was shouting for help, I decided to take him to the hospital for treatment. I just helped him. I don't know him because he was not from my neighbourhood. "After I took him to the hospital, some hours, they treated him and the next day, the guy died. So, the doctor said I was the one who brought the boy to the hospital and took me to the Police station." Wahab said he was offered bail, but because he could not afford the amount of money demanded from him, he was later tortured and made to sign a confessional statement upon which the court convicted and condemned him to death. He said regarding the day he was condemned to death: "I ran mad! For about 2 to 3 months, I wasn't myself. My children will come to the prison to plead and preach to me, so I could get myself back. "We didn't have influential people. Assuming I came from a wealthy family, it would not have been like that. The law of this country deals with poor people." The issue of the poor being victims of Nigeria's death penalty laws formed the fulcrum of the statement issued by the National Coordinator of LEDAP, Mr. Chinonye Obiagwu, as the world marked the World Day Against the use of the Death Penalty, with the theme, 'Poverty and the death penalty.' LEDAP used the opportunity to reaffirm its position that the abolition of death penalty in law and practice should be the firm desire of the Nigerian government, describing death penalty as cruel and inhumane treatment, which has no place in modern society. "The application of death penalty is discriminatory in Nigeria, as it has become a punishment exclusive to the poor in society," Obiagwu stated, adding that LEDAP was continually in legal battles with the federal and state governments in its quest to ensure that fundamental rights of citizens are safe-guarded and death penalty is abolished. He stated further: "Currently, LEDAP has at least 3 actions in court
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Oct. 14 TANZANIA: Abolish Death Sentence to Protect Rights, Govt Urged Pressure is mounting for Tanzania to abolish the death penalty. That follows President John Magufuli's remarks that he would not sign any death warrant during his term in office. Legal and Human Rights Centre official Fulgence Massawe said during an event to mark International Day Against Death Penalty here that Tanzania should end capital punishment. During a ceremony to swear in Prof Ibrahim Juma as chief justice, President Magufuli said last month that he would not sign any death warrant under his presidency. "It's high time Tanzania repealed the law on capital punishment because it is against human rights," Mr Massawe emphasised. Former Prisons commissioner John Nyoka urged Tanzania to join other Commonwealth countries to abolish the death penalty as its execution had not proved successful in ending murders. "We can change the punishment to life sentence but not hanging them to death," said Mr Nyoka, who also worked in Namibia for 17 years to restructure that country's former apartheid correctional system. Earlier, French ambassador Malika Berak said the country abolished death penalty in 1981 after realising that it was contrary to principles of human rights. "The decision did not come overnight. Since the French Revolution in 1789, people debated the matter. In fact it took us 2 centuries to reach to conclusion that that type of punishment should end it," she said. She is happy that Tanzania has not carried out capital punishment since 1994 and hopes that the country will join the long list of countries which have voluntarily adhered to the Universal Declaration on Human Rights and to fully implement its article 3 on the right to life. (source: The Citizen) NIGERIA: Freed from hangman's noose after 13 years, 2 ex-prisoners start afresh As a teenager, his dream was to play professional football. Williams Owodo, then 16, knew he had the skills and therefore needed to maintain his training routine daily to acutalise his passion. Little did he know that fate had a different plan for him. On February 1, 1995, in one of his usual evening trainings in Ajegunle area of Lagos, a fight broke out around the neighbourhood where the football field he trains is located. And someone died in the fracas and the Police apprehended him on his way home from football training. That was the beginning of his travails that culminated in a death sentence. He waited 18 years of harrowing experience for the hangman before he was freed through the providential intervention of the Legal Defence Assistance Project (LEDAP). Accused of murder, Owodo was tortured, tried, convicted and sentenced to death by hanging. But LEDAP launched an appeal against his conviction, which exonerated the condemned 'criminal' and validated his innocence. He reminisced: "I spent 9 years in Ikoyi Prison and was later transferred to Kirikiri Maximum-Security Prison, where I spent another 9 years. In total, I spent 18 years in prison for an offence I didn't commit. "Before the incident happened, my daily routine was to play football every evening in the field with my friends. While playing, a fight occurred and someone got killed. The Police arrested me and asked me to come and make statement at their station. "I got there and made a statement, but the Police tore it and forced me to sign an already written confessional statement that I conspired to murder the man. "When the torture became unbearable, without even reading the content of the statement, I signed it." It was on account of that statement that the Judge convicted him. Following the nullification of his conviction, Owodo was finally discharged from prison on November 13, 2013 after wasting 18 years of his youthful and productive life in wrongful incarceration. Owodo is not alone. Ganiyu Wahab, 53, then a businessman, was 40 when he had similar experience. He told The Guardian that he spent 13 years in condemned prisoners cell for an offence of murder he did not commit. He said: "I sell drinks, like beer and others, in cartons. Every year, I organised a party as a carnival for the people that patronised my business in that area. I had done that for about 5 or 6 years before then. "In that particular year, a musician came to perform. Area boys and girls, as well as my customers also came to enjoy themselves, because it held every December. "There was this girl in my area that had an issue with her boyfriends. Suddenly, 2 guys began to fight over her and I was inside my shop when someone informed me that people were fighting outside. "Before I got outside, 1 of the girl's boyfriends had stabbed the another one with a small knife. I wasn't even at the scene. "When the injured guy was shouting for help, I decided to take him to the hospital for treatment. I just helped him. I don't know him because he was not
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Oct. 13 GLOBAL: Why Pope Francis' rejection of the death penalty is so important In a major speech on Wednesday Oct. 11 Pope Francis said in blunt terms that the death penalty is contrary to Gospel teaching. Given the setting and context of the talk - a celebration marking the 25th anniversary of the Catechism of the Catholic Church - Vatican observers speculated that a change in the Catechism may be forthcoming. The passage in question (No. 2267) allows for the death penalty in very rare cases. But now even that small window may be closed. America reached out to Sister Helen Prejean, the author of Dead Man Walking and longtime opponent of the death penalty, for her response to the news. At last, a clear, uncompromising stance of moral opposition to the death penalty by the highest authority of the church. Words in official teachings matter. At death penalty trials, in state legislatures and before pardon boards I have witnessed as pro-death penalty district attorneys passed over the words of Jesus calling for forgiveness of enemies to quote instead church teachings that they felt justified the premeditated killing of criminals. In New Orleans, I watched priests sent by the archbishop to the death penalty trial of Willie Watson, an indigent African man, to assure Catholic jurors that in good conscience they could vote for the state to kill Willie. Which, in fact, the state did on July 24, 1987, electrocuting Mr. Watson to death in Louisiana's (very busy) killing chamber. This torture and killing in states continues today, terrible and mostly unseen, and Pope Francis' words or a change in church teaching are not enough to change that. Only we, the people, freshly awakened to the call of the Gospel can make that transformation happen. First, we must meditate on and ingest the pope's message so that the Gospel call in his words may set us on fire to act boldly, pouring into death rows, legislative halls and stations of public dialogue to persuade our citizens to truly become people of life. May the Holy Spirit enliven our hearts and guide us all. Thank you, Pope Francis. Again and again, you renew my hope. (source: Sister Helen Prejean, americanmagazine.org) * UN: Death penalty has no place in 21st century U.N. Secretary-General Antonio Guterres called for an end to the death penalty on Oct. 10, insisting it has "no place in the 21st century." He urged member states that still execute convicts to join the 170 countries that have halted or abolished the practice, warning that the risk of a miscarriage of justice is an "unacceptably high price" to pay. "I want to make a plea to all states that continue this barbaric practice: please stop the executions," Guterres said at an event marking the 15th World Day Against the Death Penalty. Capital punishment "does little to serve victims or deter crime," Guterres said, adding that most of the U.N.'s 193 members do not carry out executions. "Just last month, 2 African states - The Gambia and Madagascar - took major steps towards irreversible abolition of the death penalty," he said. "In 2016, executions worldwide were down 37 % from 2015. Today just four countries are responsible for 87 % of all recorded executions," he added. Guterres also called for transparency from states where the death penalty is legal, asking them to let lawyers do their job. "Some governments conceal executions and enforce an elaborate system of secrecy to hide who is on death row, and why," Guterres said. (source: Hurriyet Daily news) PAKISTAN: 3 Ahmadis sentenced to death for blasphemy 3 members of Pakistan's persecuted Ahmadi sect have been sentenced to death for blasphemy by a court in the central town of Sheikhupura, a community spokesperson said. Mubasher Ahmad, Ghulam Ahmed and Ehsan Ahmed were convicted by the court on Wednesday for insulting Prophet Mohammad under the country's strict blasphemy laws, Ahmadi community spokesperson Saleemuddin told Al Jazeera. The 3 men were arrested in May 2014 after they tore down religious posters in Bhoiwal, a village about 22km southwest of the city of Lahore. Khalil Ahmed, a 4th accused, was shot and killed in police custody just days after the incident took place. While the accused claimed the posters carried anti-Ahmadi slogans, the prosecution said they carried religious significance and that tearing them down was tantamount to insulting the prophet. Saleemuddin said that the Ahmadi community would challenge the trial court's decision in the high court. Ahmadis are a sect that consider themselves Muslim but whose faith is rejected by the Pakistani state. There are around 600,000 Ahmadis in the country and several million around the world. Members of the sect face 3 years in prison for referring to themselves as Muslim, to their places of worship as mosques or to their call to prayer as "azaan" under Pakistani
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Oct. 13 PAKISTAN: Executions must not violate rights obligations: HRCP The Human Rights Commission of Pakistan (HRCP) has urged the government to urgently institute safeguards to ensure that a generalised resumption of executions does not violate Pakistan's human rights obligations. According to Justice Project Pakistan, 8,200 people are on death row in Pakistan and 477 people have been executed since December 2014. As many as 2,393 Pakistanis were executed in Saudi Arabian jails. According to the World Coalition against Death Penalty, 104 countries have abolished the death penalty for all crimes, 7 countries have abolished the death penalty for ordinary crimes and 30 countries are abolitionists in practice. According to statistics, 23 countries carried out executions in 2016. In 2016, top 5 executioners were China, Iran, Iraq, Pakistan and Saudi Arabia. According to Amnesty International, it is believed that thousands of executions took place in 2016. In Pakistan, executions decreased by 239 in 2016. Indonesia executed 4 people, Taiwan 1, Singapore 4, Japan 3 and Malaysia 9. Amnesty has not given any estimates for North Korea and Vietnam. South Eastern countries like Maldives and the Philippines took steps in the wrong direction, towards resumptions of executions, after more than 6 decades, according to Amnesty International. In a statement on World Day against the Death Penalty, HRCP said: "As we observe the 15th World Day against the Death Penalty, HRCP calls upon the government to take stock of the pressing issues that have arisen ever since it terminated the moratorium in December 2014. "In addition to various and well-documented challenges that a generalised recourse to capital punishment presents, there is an urgent need to introduce safeguards in instances where age of the convict or his or her mental or physical ability is in question." Furthermore, the socio-economic status of a convict tends to be directly proportional to their risk of being sentenced to death and execution. This year the World Day against Death Penalty is bringing into focus the link between poverty and capital punishment. "While HRCP calls upon the government to suspend the death penalty in the country as a 1st step towards abolition, it demands that these new issues should be urgently addressed through a conscious policy and not merely through last minute action in response to pleas from civil society in individual cases." HRCP also staged a demo outside the Lahore Press Club. (source: The Nation) 527 prisoners on death row in Sindh jails The death warrants of 7 condemned prisoners in Sindh can be issued any time as the President of Pakistan has rejected their mercy petitions. The total number of prisoners currently on death row in Sindh is 527, out of which 13 have been awarded capital punishment from military courts, said personal staff officer to prisons IG, Shunail Hussain Shah. Shah added, "The appeals of many prisoners on death row are either pending with the high court, Supreme Court or with the President of Pakistan after they have been awarded the death penalty by trial courts." Among such prisoners, 122 have been incarcerated at the Central Jail, Karachi, 227 in Hyderabad, 135 in Sukkur while 38 are detained in Larkana, Shah informed. 4 women on death row are in Karachi jail while 1 other woman is in Hyderabad. According to the prisons department, 18 prisoners have been executed in Hyderabad, Sukkur and Karachi since the moratorium on executions was lifted. The move came in the wake of Tehreek-e-Taliban Pakistan's attack at the Army Public School (APS) in Peshawar in December, 2014. Prominent prisoners on death row in the prisons of Sindh include the murderer of American journalist Daniel Pearl, Omer Saeed Sheikh, Jundullah militant Mohammad Qasim Toori who carried out an attack on the convoy of the Karachi corps commander in June, 2004, and Azhar Ishrat, who was involved in the Safoora bus carnage. Opposition to death penalty "Capital punishment is a murder committed by the state and we need to abolish it," remarked Human Rights Commission of Pakistan (HRCP) Vice-Chairperson Asad Iqbal Butt, while talking to The Express Tribune. According to Butt, human life needs to be respected and for this we need to reconsider our ways to treat criminals. "The government needs to construct healthy society to curb crimes." Army chief confirms death sentences of 4 'hardcore' terrorists "The death sentence could only be awarded for 2 felonies, murder and treason, before the partition. However, this has swelled to 28 in Pakistan," he maintained. The 15th World Day Against the Death Penalty was observed on Tuesday. Opponents of the death penalty organised demonstrations, arguing for its abolishment. The crime rate cannot be lowered through extreme punishments, Butt opined. The 40 counties which have abolished
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Oct. 13 GLOBAL: UN: 170 Countries Abandoned the Death Penalty The countries that abolished the death penalty have reached 170. 87% of the death sentences are carried out in 4 countries. They are Iraq, Iran, Pakistan and Saudi Arabia. These figures were released on Tuesday by the United Nations on the World Day against the Death Penalty - Oct. 10. UN Secretary General Antonio Guterres says there is "no room for the death penalty in the 21st century", quoted by news.bg. Some of the 170 countries have abolished it or ceased to practice it last month. 2 African States. Gambia and Madagascar - have taken important steps to end the death penalty, - said the UN chief. In 2016, the number of convicted persons decreased by 37% compared to the previous year. The UN also believes that there are a large number of executions in China, but there is "no accurate data" on this issue. It should not be forgotten that several states in the United States still have the heaviest punishment. (source: novinite.com) Pope Francis: The death penalty is contrary to the Gospel Pope Francis declared Wednesday that the death penalty is "contrary to the Gospel." He said that "however grave the crime that may be committed, the death penalty is inadmissible because it attacks the inviolability and the dignity of the person." He did so in a major talk on Oct. 11 to an audience of cardinals, bishops, priests, nuns, catechists, and ambassadors from many countries on the 25th anniversary of the promulgation of the catechism, affirming that there has been a development of doctrine in the church and a change in the consciousness of the Christian people on the question of the death penalty. The pope's comments and the timing of them suggest that a revision of the Catechism of the Catholic Church may be forthcoming to reflect this new development in the church's understanding. "One has to strongly affirm that condemnation to the death penalty is an inhuman measure that humiliates personal dignity, in whatever form it is carried out. And [it] is, of itself, contrary to the Gospel, because it is freely decided to suppress a human life that is always sacred in the eyes of the Creator, and of which, in the final analysis, God alone is the true judge and guarantor," Pope Francis said. "One has to strongly affirm that condemnation to the death penalty is an inhuman measure that humiliates personal dignity, in whatever form it is carried out." Reiterating an observation in his Letter to the President of the International Commission against the Death Penalty, March 20, 2015, Francis said that "No man ever, not even the murderer, loses his personal dignity, because God is a Father who always awaits the return of the son who, knowing that he has done wrong, asks pardon and begins a new life." For this reason, he said, "life cannot be taken away from anyone" and there must always be "the possibility of a moral and existential redemption that will be to the favor of the community." His statement is sure to be welcomed by bishops' conferences and the overwhelming majority of the Christian faithful around the world, many of whom have long called for the church to take this stance. His predecessors have been slowly moving towards the position taken today by Francis. Every pope since St. John XXIII has appealed to governments worldwide on behalf of persons condemned to death, asking for clemency. When St. John Paul II published the catechism in 1992 it still admitted the use of the death penalty (No. 2266). But strong reaction from bishops and the faithful in many countries led him to revise the text in 1997, with the help of then-Cardinal Joseph Ratzinger. The revised text (No. 2267), however, still did not exclude the death penalty on moral grounds as Pope Francis did today; it said that given the possibilities the modern state has of rendering the criminal incapable of doing harm again, then "the cases in which the execution of the offender is an absolute necessity 'are very rare, if not practically non-existent.'" When St. John Paul II published the catechism in 1992 it still admitted the use of the death penalty. Several times since becoming pope, Francis has made clear his total opposition to the death penalty, including in his speech to the U.S. Congress and to the United Nations in September 2015. But today he took a much greater step than any of his predecessors by declaring publicly on a solemn occasion, directly related to the Catechism of the Catholic Church, that the death penalty is "contrary to the Gospel" and "inadmissible," making clear that the catechism must address the question in this more complete way. The Jesuit pope began his talk by recalling that at the opening of the Second Vatican Council on Oct. 11, 1962, John XXIII said, "It is necessary first of all that the church should never depart from the sacred
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Oct. 11 MALAYSIA: Scrap death penalty on drugs to start ball rolling, Amnesty tells Putrajaya Malaysia should abolish the mandatory death penalty for drug cases at the next Parliament sitting as a pledge to improve human rights here, Amnesty International (AI) said today after the government announced its plans to allow judges a choice in sentencing. AI Malaysia acting executive director Gwen Lee said many drug cases involve people from lower income groups and that it would be unfair if they had to pay with their lives for such crimes. She added that it would be a good first step towards abolishing the draconian punishment. She cited the case of one Hoo Yew Wah, a poor Johorean currently on death row for drug possession charges in 2005, as an example of such cases. "The situation is no different in Malaysia, where it is often those who come from disadvantaged backgrounds who end up paying the price of the death penalty. "The mandatory death penalty on drug is very important to be reviewed," Lee said in a press conference today. She also urged Datuk Seri Azalina Othman Said to ensure the law gets tabled in Parliament this month. The minister in the Prime Minister's Department in charge of law previously said in August that the Cabinet agreed to amend the colonial-era Dangerous Drugs Act of 1952 to give courts a choice in sentencing. "We want total abolition, but we see this as a good step forward. We are hoping that it will be tabled and it is on the list of suggested amendments," Lee stressed. She said this would also help in Malaysia's bid to be reappointed into the United Nation's Human Rights Council. Capital punishment is mandatory in Malaysia for murder and drug trafficking, among other crimes. According to Azalina, a total of 651 Malaysians have been sentenced to death since 1992, most of them for drug offences. (source: The Malay Mail Online) ** Abolition of the mandatory death penalty: No more delays - Malaysian Bar-The World Day against the Death Penalty is commemorated on 10 October each year. In Malaysia, the death penalty is mandatory for persons convicted of murder, trafficking in narcotics of various amounts, and discharging a firearm in the commission of various crimes (even where no one is hurt). The Malaysian Bar has been, and remains, in the frontline of the battle to uphold and preserve the rule of law, fundamental constitutional rights, the administration of justice, and law and order. In this regard, we have consistently called for the abolition of the death penalty. The Malaysian Bar at its Annual or Extraordinary General Meetings in 1985, 2006, 2012 and 2015 passed resolutions condemning the death penalty and/or calling for its abolition. The campaign to abolish the death penalty is not meant to confer licence to commit serious crimes with impunity. Persons convicted of serious crimes must receive proportionate punishment. But this does not mean that they therefore ought to die. The Malaysian Bar has always taken the view that there is no empirical evidence or data that confirms that the death penalty serves as an effective deterrent to the commission of crimes. There has been no significant reduction in the incidence of crimes for which the death penalty is currently mandatory. This is particularly true of drug-related offences. In short, the death penalty does not work as a deterrent. The Malaysian Bar's primary opposition to the death penalty is because life is sacred, and every person has an inherent right to life. This is vouchsafed in Article 5(1) of the Federal Constitution of Malaysia, which eschews the arbitrary deprivation of life. The right to life is a fundamental right that must be absolute, inalienable and universal, irrespective of the crime committed by the accused person. Recently, Minister Dato' Sri Azalina Othman Said stated on 7 August 2017 that the Cabinet had approved the abolition of the mandatory death penalty for drug-related offences. However, there has been no announcement of any timeline, or any release of draft legislation to this effect. The Malaysian Bar calls upon the Government of Malaysia to introduce the amending legislation without further delay. Any delay will mean more people being sentenced to die. The Malaysian Bar further calls upon the Government to act swiftly to abolish the death penalty for all crimes, stop executions, and commute each death sentence to one of imprisonment. (source: This statement is issued by George Varughese, president of the Malaysian Bar Council. This is the personal opinion of the writer or organisation and does not necessarily represent the views of Malay Mail Onlinethemalaymailonline.com) JAPAN: Death penalty sought for alleged 'black widow' serial killer Prosecutors on Tuesday sought the death penalty for a 70-year-old woman, dubbed the "black widow," charged with the
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Oct. 11 EGYPT: Egypt sentences 8 defendants to death over violence-related charges An Egyptian court on Tuesday sentenced 8 defendants to death over storming a police station in a city just south of Cairo in 2013. The ruling by the Cairo Criminal Court also sentenced 50 others to life in prison on charges that include the 2013 attack on the Helwan police station. The attack came after security forces dispersed two sit-ins by supporters of then president, Mohammed Morsi, who was overthrown by the military in 2013. The verdict can be appealed. Prosecutors have already received a non-binding approval for the death penalty in the case from the country's chief Islamic legal authority. (source: radio.gov.pk) RUSSIA: Europe may force Russia reinstate death penalty Russia will consider the decisions of the European Court of Human Rights null and void in the event the Parliamentary Assembly of the Council of Europe refuses to reinstate the Russian delegation in 2018, Valentina Matvienko, the Speaker of the Council of the Federation said. The Secretary General of the Council of Europe will be elected in 2018. There is awareness that without the participation of any delegation, in particular, the Russian one, the election of the head of this organization is not going to be completely legitimate. This applies to the elections of the judges of the ECHR too," Matvienko said on Monday on Rossiya 24 television channel. When asked whether the decisions of the European Court of Human Rights are going to be considered illegitimate on the territory of the Russian Federation, Matvienko responded: "Naturally, of course." In this connection, Russia may reinstate the death penalty as a form of capital punishment for grave crimes. Will Russia make such a move? Russia was invited to the Council of Europe in 1996. The abolition of the death penalty was a mandatory condition for Russia to join the international European organization. In 1997, Russia signed Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the abolition of the death penalty (in peacetime). The protocol was not ratified, but Russia has not been practicing death penalty since 1996. Russia does not resort to capital punishment under the Vienna Convention, because a signatory state is supposed to follow the provisions of the protocol before it is ratified. Can Russia reinstate the death penalty and should we do it indeed? We talked about the problem in a brief interview with first deputy chairman of the Federation Council Committee on Defense and Security, Franz Klintsevich. According to the senator, the Council of the Federation has recently had a heated discussion about a bill, according to which those convicted for terrorism should be provided with conditions to communicate with their relatives and friends. This is also part of Europe's requirements, Franz Klintsevich noted. "Members of the committee have expressed harsh reactions on the subject, but we have made a decision in accordance with requirements of the international law. We have also set up a conciliation commission to revise the document. As for the remarks by Speaker Valentina Matviyenko, I also believe that we should defend our interests more rigidly and look at things the way many people look, including the Americans. I am talking about the need to take into account the mentality of our own people, without being fixated on the things that they impose on us from the outside," the senator said. According to Klintsevich, for the time being, Russia is not going to abolish the moratorium on the death penalty, but one can talk about it today. "I am personally convinced that terrorists, pedophiles, serial killers and corrupt officials, in case of a court verdict, should face such a form of punishment as death penalty," said Klintsevich. (source: pravdareport.com) SERBIA: "2/3 of Serbians want death penalty reintroduced" Deputy Ombudsman Milos Jankovic says the fact that the number of Serbians who are in favor of reintroducing the death penalty is on the rise is worrying. According to Jankovic, who spoke on the occasion of October 10, World and European Day Against the Death Penalty, last year a little over 1/2 of those surveyed favored this, while now the number has reached over 2/3. He recalled that the last time the death penalty was carried out in Serbia was in February 1992, while the practice was formally abolished in 2002. Jankovic, who is the ombudsman's deputy for the rights of imprisoned persons, is convinced, however, that the death penalty will never be reintroduced in this country, and that Serbia will never again execute a human being. (source: b92.net) PAKISTAN: Intizar - an unequivocal call for abolition of death penalty With its final performance, 'Intizar', at the Indus Valley School of Art and Architecture, the
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Oct. 9 PAKISTAN: 'In Pakistan, death penalty is for the poor' When my son Khizar was born, I held his small head in my hand and fell in love. Like all mothers, I dreamed that Khizar would grow up strong, live a good life with a wife and children, and be surrounded by love. He did grow up, he did get married, and had children. But he is not surrounded by love. Love is hard to come by in prisons. I never imagined that I would be visiting my only son in a jail, where I can barely recognise him. In truth, during most of my visits to him in Kot Lakhpat Jail (Central Jail Lahore), Khizar struggles to recognise me. Schizophrenia does that to a person. Even his own mother has become a stranger to him; on bad days, he thinks I’m an enemy. Khizar did well in school. He decided to stay in our village to become a police officer. He grew into a good-natured person who enjoyed being well-dressed, and going to early-morning prayers with me. He loved and respected Allah. But every now and then, Khizar would withdraw into himself. Sometimes, I would find him speaking to someone in the room. There would be no one there. Khizar met a pir who used his age and spiritual influence to take advantage of my son’s generosity. Over time, this man filled Khizar’s head with distrust and suspicsion. He encouraged Khizar to distance himself from me, his wife, and his children. The pir told Khizar that his uncles and others wanted to kill him. He convinced my son to sell our property and steal our belongings. Khizar gave everything to the pir and his family. My son left home and began living with the pir. He stopped going to prayers, became angry and paranoid, and his physical appearance deteriorated. When he would come to visit us, he would shut himself in a room and burn his hands. I was afraid for him and wanted him to go to the hospital. I knew that Khizar was sick, and that this man, the pir, was making it worse. Khizar was arrested and sentenced to death in 2003, accused of murdering one of his closest friends and a fellow police officer. I sold my jewelry to pay for a lawyer, certain that my son didn’t kill anyone. At the trial, there was no clear evidence against Khizar, but his lawyer didn’t submit any evidence in support of him or call a single witness to defend him. Khizar was sentenced to death based upon suspicion and lack of defense. When his case was appealed, I again borrowed money for a government lawyer to speak to the judge, but when we were called into the judge’s chamber, my lawyer didn’t speak. He did not ask a single question. He took my money and did nothing. In Pakistan, the death penalty is for the poor. Those who can afford to buy good lawyers don’t get sentenced to death. Is that justice? Khizar has been diagnosed by doctors with paranoid schizophrenia and placed in a section of the jail for mentally ill prisoners. It has been 14 years. He will never get better. He will never know his children, who have grown into adults. He will never again go to prayers with me. I borrow what money I can to visit Khizar in jail, where he sits in solitary confinement. The visits are very hard for me. He no longer knows who I am. He doesn’t know where he is. Sometimes, he has ripped his clothes and sits naked in his cell, repeating paranoid thoughts to himself out loud. I sit near him, trying to come to terms with what has become of my son – that beautiful baby with almond-shaped eyes and long lashes, who had a whole lifetime ahead of him. I challenge anyone to watch as their son stops being able to recognise his own mother or his children – Khizar no longer knows where he is or how to talk to other people. Even with treatment, schizophrenia doesn’t go away – it just becomes manageable. There is no cure. Whether you think that Khizar is innocent or guilty, he is still a human being, a son, a father, and he has a severe illness. I’m getting older and I am Khizar’s only family. My visits are the only care he gets. I understand that he will never walk around a free, happy man, but I urge the Government of Pakistan to please take my son off of death row and beseech that he be moved to a medical facility that is properly trained to treat schizophrenic patients. (source: As narrated to Asim Rafiqui and Michael Braithewaite, who put it in form of an article. This article is second of a three-part series, curated in collaboration with Justice Project Pakistan, in lead up to The World Day Against the Death Penalty on October 10thdawn.com) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
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Oct. 9 MALAYSIA: In Malaysia's high court, pathologist testifies Kim Jong Nam was killed by weapon of mass destruction On Wednesday, pathologist Mohd Shah Mahmood testified before Malaysia's high court in the trial of Siti Aisyah and Doan Thi Huong, who stand accused of killing Kim Jong Nam, the estranged half-brother of North Korean leader Kim Jong Un. Mohd Shah, an employee of the Malaysian government, testified that VX nerve agent, by international treaty a weapon of mass destruction, caused Kim's death, and Judge Azmi Ariffin officially admitted tissue and fluid samples as evidence. Both Aisyah and Huong are subject to death penalty if convicted of killing Kim. The samples were sealed in plastic when presented at court, but the judge and lawyers for both the prosecution and defense nonetheless wore protective gloves and masks to examine them. Both the North Korean government and Aisyah's lawyer have said the victim may have died of a heart attack or some cause other than VX nerve agent. Mohd Shah based his conclusion on VX nerve agent in Kim's system and on the timing of Kim's death: he expired on the way to a hospital, less than 2 hours after encountering Aisyah and Huong. He also testified Kim Jong Nam had 6 different medications in his system, one a common Viagra heart-condition treatment, but no indications of a heart attack when he examined Kim's body. He also said neither this nor the other medicines Kim was taking would have killed him quickly. Aisyah's lawyer, Gooi Soon Seng, argued the autopsy reports indicate only that Kim was killed by chemical poisoning, not necessarily by VX nerve agent, and Mohd Shah admitted under cross-examination he does not have much experience with VX and other nerve agents. Siti Aisyah, 25, and Doan Thi Huong, age given as 28 or 29, pled not guilty of murdering Kim Jong Nam on Monday, though they do not contest they met him. Both were represented by lawyers hired by their home countries' respective governments. Both women are on video approaching Kim in Kuala Lumpur International Airport where 1 of them sprayed him with liquid, but they both claimed they had been hired to spray travelers with a harmless substance as part of a prank TV show. Aisyah's lawyer, Gooi Soon Seng, told the press his client had already performed the prank several times, always with oil or pepper. According to the police, the two men who hired Huong and Aisyah were Hong Song Hac and Ri Ji U, North Koreans who avoided questioning by, respectively, fleeing Malaysia and remaining within the North Korean embassy. Huong's lawyer, Hisyam Teh Poh Teik, said after a prosecution phase of probably about 2 months, at the Judge's discretion the defense would proceed. Proceedings earlier this week included testimony from an airport employee, a police officer who spoke to the dying Kim, and pathologists who examined samples from Kim, Huong and Aisyah. Dr. Norashikin Othman of Hospital Kuala Lumpur testified Kim Jong Nam's blood, liver and other tissues appeared to have been depleted of cholinesterase, an enzyme we need to move. "The low cholinesterase level in Kim Chol could be caused by exposure to poisons such as insecticide or nerve agents," he said, and that Huong and Aisyah both had normal levels of cholinesterase. He said the 2 women could have protected themselves by washing their hands, which both women did that day, or by taking antidote. The alleged poisoning took place at Kuala Lumpur International Airport Gooi Soon Seng told the press the prosecution had not disclosed this information to the defense before Norashikin's testimony: "This piece of evidence was never served to us". South Korean intelligence has maintained this was part of a plan on the part of Kim Jong Un or his government to assassinate Kim Jong Nam, who had once been his father Kim Jong Il's heir apparent. They had a falling out in 2001 and Kim Jong Nam had been living quietly with his family in Macao. The events surrounding Kim's death have included diplomatic troubles between the formerly friendly North Korea and Malaysia, a hostage exchange, ambassador expulsions, and a break-in at the mortuary that housed Kim's remains. Earlier statements from Malaysia's health ministry asserted Kim died within 20 minutes of his encounter at the airport, but testimony given this week differed from this. (source: wikinews.org) INDONESIA: Death penalty prosecutions in Indonesia nearly doubled over last year, activists call for moratoriumExecutions are down but death penalty prosecutions are up over the last year of President Joko Widodo's administration. Tomorrow, October 10, is World Day Against the Death Penalty, and human rights activists in Indonesia used the opportunity to highlight an alarming increase in death penalty prosecutions over the last year, a trend that runs counter to the narrative that President Joko Widodo is
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Oct. 8 IRAQ: At least 100 European Isis fighters 'to be prosecuted in Iraq, with most facing death penalty'Fate of militants' families remains uncertain At least 100 European Isis fighters will be prosecuted in Iraq, with most to face the death penalty, the country's ambassador to Belgium has reportedly said. Jawad al-Chlaihawi said Belgians were among those detained, along with jihadists from Russia, Chechnya and Central Asia. Fighters from around the world joined Isis's call to arms as the group established its so-called caliphate across Iraq and Syria in 2014. British fighters, including the notorious Mohammed Emwazi, also known as 'Jihadi John', were among them. He is believed to have been killed in a drone strike in Raqqa, Syria in 2015. Mr Chlaihawi told Belgium's RTPF there were around 1,400 family members of foreign fighters, including children, of suspected Isis members being held near Mosul. Many are reportedly from Turkey, and former Soviet countries in Central Asia, but there are also believed to be some French and Germans among them. It is unclear what will happen to the families and children of members of Isis, also known as Daesh. "We are holding the Daesh families under tight security measures and waiting for government orders on how to deal with them," Army Colonel Ahmed al-Taie told Reuters. He added: "We treat them well. They are families of tough criminals who killed innocents in cold blood, but when we interrogated them we discovered that almost all of them were misled by a vicious Daesh [Isis] propaganda." (source: independent.co.uk) INDIA: Back To Godhra: Gujarat HC To Pronounce Verdict On 2002 Sabarmati Express Carnage Tomorrow The Gujarat High Court on Monday will pronounce its judgement on the 2002 Godhra train carnage. In the horrific incident, 59 passengers were charred to death at the Godhra railway station on February 27, 2002. In 2011, the special court in its verdict had concluded that it is rarest of the rare case had convicted 31 accused and acquitted 63 others including main accused Maulana Umarji. Out of 31 who were convicted, 11 were awarded death penalty and rest 20 were sentenced to life imprisonment. The special court's verdict was challenged by the state government in Gujarat High Court in April 2011. Out of 31 convicts, 11 were awarded death penalty and the other 20 were sentenced to life imprisonment. The special court's verdict was challenged by the state government and the convicts before the Gujarat High Court on April 06 2011. The state had appealed for the confirmation of the special court order, whereas convicts had pleaded for quashing of the convictions. (source: Indiatimes.com) Convict facing death-sentence should die in peace, not pain: SCSC seeks response on alternatives to death penalty The Supreme Court has sought a response from the Centre on a plea seeking alternatives to death by hanging for convicts sentenced to death. Observing that such prisoners must die in peace, it agreed to examine if hanging could be replaced by less painful procedures such as death by lethal injection or shooting. The Centre was asked to respond within 3 weeks. (source: newsbytessapp.com) PAKISTAN: On death row FOR the thousands of prisoners on Pakistan's death row, Oct 10 will pass just like any other day. They will just strike off one more day of their nearly 12-year average jail sentence. It does not fall on a Thursday this year, so they will not have any family come visit them. Ostensibly, there is nothing special about this date to them. But beyond their literal prison, Oct 10 is World Day Against the Death Penalty - an annual accounting of this punishment that is as irreversible as it is inhumane. Activists around the world reflect on how many lives have been ended by the state and for what, and how to continue the global trend towards abolition. I would like to think, knowing this day exists, that someone cares about what happens to them; it would be heartening for those who remain in jails, waiting to die. But until December 2014, they had no reason to expect the arrival of their warrants. Pakistan had a de facto moratorium in place for nearly 6 years. Today, we have executed 480 prisoners in less than 3 years. We are used to counting bodies in Pakistan. Sometimes in the tens, other times in the hundreds; 480 is a significant death toll, if not a wholly unnecessary one. The numbers are terrifying. The figure has included juvenile offenders, the mentally ill. There are still more who have been executed only to have their corpses acquitted a year later. Many have died waiting to die. So in 2 days, as we take stock of the way the death penalty is implemented in Pakistan, let's go back to the reasons why it was resumed in the first place. No amount of time or commiseration can mitigate the horror of the attack
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Oct. 7 JAPAN: European envoys call on Japan to abolish death penalty 3 European ambassadors to Japan on Friday called on Tokyo to abolish the practice of capital punishment prior to next week's World and European Day against the Death Penalty. "As friends, we should share our experience and speak our mind," Viorel Isticioaia-Budura, the European Union's ambassador to Japan, told a press conference in Tokyo. "The EU has, on a number of occasions, called on the Japanese authorities to abolish the death penalty or at least put a moratorium in place and have a debate." "We regard the abolition of the death penalty as an essential part of the protection of human dignity and, together with our member states, we are therefore working towards a universal abolition," Isticioaia-Budura said. He was joined by Swiss Ambassador Jean-Francois Paroz and Irish Ambassador Anne Barrington. According to the EU envoy's remarks, only 8 countries had abolished the death penalty in 1945, but in 2016, 140 countries have ended the practice or stopped implementing it through moratoriums. Isticioaia-Budura also expressed doubts about the crime deterrent effect of capital punishment, saying: "Extensive studies done in different countries and regions of the world have found no proof that the death penalty has a direct correlation with reducing serious crime, or that abolishing it increases serious crime." "The death penalty eliminates a defendant once and for all," Isticioaia-Budura said. As no court system in the world is perfect, "If a mistake is made, and then discovered, a person who was wrongfully executed can never be brought back." Based on the EU's stance, Isticioaia-Budura welcomed the Japan Federation of Bar Associations' call for the abolition of capital punishment by 2020. He also said the 28-member bloc will send a letter to Japan's Justice Minister Yoko Kamikawa on the World and European Day against the Death Penalty next Tuesday to ask her to promote "an open public debate" on capital punishment, with a view to its abolition. In Japan, the death penalty again came into the public eye when a death row inmate seeking a retrial was hanged in July. Anti-death penalty campaigners have argued the execution breaches Article 32 of the Constitution, which guarantees the right of access to the courts, saying some death row inmates were exonerated in postwar Japan after their pleas for retrial had repeatedly been rejected. Paroz said the death penalty "contravenes human rights" and that it "is not a suitable means of deterrence or atonement," while its abolition promotes human rights, peace and security. Referring to Ireland's decision to end capital punishment in 1990, Barrington said, "The process to abolish the death penalty is not easy. It took nearly 70 years in our case." "But we believe that it is the right thing to do and we hope that Japan, our friend and partner, will join us," she said. According to human rights organization Amnesty International, 23 countries or regions, including Japan, executed inmates in 2016. (source: Japan Today) GLOBAL: Death penalty disproportionately affects the poor United Nations human rights experts* are calling for urgent action to end the disproportionate impact of the death penalty on people from poorer communities. They say imposing the death penalty as a result of discrimination constitutes an arbitrary killing and Governments must not stand idly by. Their comments come in a joint statement marking World Day Against the Death Penalty on Tuesday 10 October: "If you are poor, the chances of being sentenced to death are immensely higher than if you are rich. There could be no greater indictment of the death penalty than the fact that in practice it is really a penalty reserved for people from lower socio-economic groups. This turns it into a class-based form of discrimination in most countries, thus making it the equivalent of an arbitrary killing. People living in poverty are disproportionately affected by the death penalty for many reasons. They are an easy target for the police, they cannot afford a lawyer, the free legal assistance they might receive is of low quality, procuring expert evidence is beyond their means, tracing witnesses is too costly, and access to appeals often depends on being able to afford extra counsel. Many cannot afford bail and therefore remain in custody before their trials, further hindering their efforts to prepare an effective defence. Some legal aid systems become active only at the trial stage, meaning that defendants from low socio-economic backgrounds are often interrogated and investigated without a lawyer. By the time the case reaches court, it may already be too late to guarantee a fair trial. Corruption of law enforcement officials is another detrimental factor. Poverty also compounds obstacles which vulnerable and disadvantaged groups in
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Oct. 6 UGANDA: EU delegation visits Luzira death-row inmates, promises to support them The European Union Ambassador designate to Uganda H. E Attilio PACIFICI has promised to do whatever is possible to support inmates on death row in Uganda. The commitment was made during a solidarity visit to the inmates on death row at Luzira Maximum Security Prison where he led a delegation of the European Union (EU) Heads of Mission in Uganda. Meanwhile the Ambassador of France to Uganda, H.E Stephanie RIVOAL, in a message to the female death row inmates said they do not believe in execution, but rather in redemption, arguing that the death penalty does not prevent crime. The visit was organised in partnership with the Foundation for Human Rights Initiative as part of activities to mark the 15th World Day Against the Death Penalty set for Tuesday next week, under the theme "Poverty and Justice: A deadly mix". The delegation included Ambassadors and representatives from Austria, Belgium, Denmark, France, Germany, Ireland, Italy, Netherlands and the United Kingdom. (source: kfm.co.ug) BOTSWANA: Death penalty dread lingers on farmhands who killed white farmer in Botswana 2 legal brains have joined to put on a spirited fight to save their convicted killer clients from being hanged by the Botswana government. Earlier this year, Lobatse Judge Abednego Tafa convicted Tshiamo Kgalalelo (32) and Mmika Mpe (28) for murdering and then setting their Afrikaner boss', Reinette Vorster, body on fire in her car. In Botswana, the death sentence is usually issued upon murder under aggravated circumstances and is carried out by hanging. Experienced lawyer Themba Joina represents Mpe while Kgalalelo is relying on Archibald Gijima to save him from the gallows. The latest on the case is that the 2 lawyers had already submitted written mitigating and extenuating circumstances to deliver their clients from the dreadful hangman. On 24 November the 2 lawyers will plead for the last time and explain why their clients should be shown mercy. In the last court session the 2 convicts said they killed their employer out of anger, because the deceased had subjected them to slave conditions on the farms of Okwa Valley in Gantsi, a village 667 kilometres away from the capital, Gaborone. The duo said they experienced hardships and barbaric and harsh treatment at the hands of the white lady they brutally murdered and burnt, inside her Toyota D4D. This attracted other charges besides murder like: abduction, robbery, motor vehicle theft and arson. In the last court sitting Kgalalelo testified that: "I worked at Okwa Valley for several years despite the harsh treatment from my employer. We could not report the ill-treatment to labour or any other department because the farm was too far from where [those] offices are. There was also no labour inspection." Both lawyers agreed that their clients were ill-treated by Vorster. Kgalalelo's lawyer, Gijima, said his client did not murder Vorster. Mpe's lawyer, Joina, said his client was young when he committed the offence and the court should take that factor into consideration. Another thing that shows Mpe was immature, Joina said, is the court findings that show he strangled Vorster to death. Botswana citizen Patrick Gabaakanye is the last man to receive the death penalty. He was the 4th inmate to be executed in Botswana in the last 20 years after the 1999 execution of South African immigrant Mariette Bosch, for murder. Bosch's hanging, which caused international attention and mixed reactions, was followed by another South African national Lehlohonolo Bernard Kobedi's execution in July 2003. In 2008 Modise Mokwadi Fly, a Motswana, was hanged for killing his son. This means that current President Ian Khama has seen at least 2 executions while in power. According to the Botswana Constitution, after the courts of Botswana have confirmed a death penalty, the case must still be referred to the Advisory Committee on Prerogative of Mercy, who in turn shall advise the president if there are grounds for him to exercise his powers under Section 53 of the Constitution to "substitute a less severe form of punishment". The membership of the Advisory Committee on Prerogative of Mercy consists of either the Vice-President or a minister appointed by the President, the Attorney-General; and a person qualified as a medical practitioner in Botswana, who is appointed by the President. After Botswana's last execution, which was exercised on Gabaakanye, the European Union (EU), which is anti-death penalty, issued a statement condemning Botswana. The EU said the use of capital punishment can never be justified. "The European Union believes that the death penalty is a cruel and inhumane punishment and has consistently called for its universal abolition," it said. (source: The African Independent) NIGERIA:
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Oct. 6 VIETNAM: Former energy exec appeals death penalty after massive graft trial in Vietnam A former chairman of state fuel giant PetroVietnam has appealed against the death penalty he received last week from a court in Hanoi for his role in the infamous multi-million-dollar graft case at OceanBank. On September 29, the court sentenced Nguyen Xuan Son, chairman of the board at the oil and gas group from 2014 until his arrest in 2015, to death for appropriating VND246 billion ($13.6 million) from OceanBank. PetroVietnam had acquired a 20 % stake in OceanBank during that time, meaning Son had stolen VND49 billion in government money, prosecutors said. The 55-year-old was found guilty of embezzlement, abuse of power and deliberately violating state regulations on economic management. The court on Friday said it had received Son's appeal, in which he claimed he was innocent of embezzlement and charges of abusing his power to steal money, local media reported. He admitted in the appeal that he had broken lending regulations at credit institutions and accepted the charge of deliberately violating state regulations on economic management. But he said he would like the court to reconsider the case and reduce his sentence. After the sentence was announced last Friday, Son called it "an unjust verdict", and Reuters quoted his lawyer as saying that he would appeal. Judges at the 1-month trial also sentenced Ha Van Tham, former chairman of the board at OceanBank, to life in jail on charges of embezzlement, deliberately violating state regulations on economic management and breaking regulations on lending activities at credit institutions. Tham is accused of offering deposit rates above those set by the central bank to various customers including PetroVietnam between 2010 and 2014, causing losses of nearly VND1.6 trillion ($70.4 million). Other bankers received up to 22 years in jail. OceanBank was founded in 1993 with a 20 % stake from Ocean Group, which also invests in hospitality, securities, media and retail. It was taken over by the central bank in April 2015 after the scandal broke out. The high-profile trial, with 51 bankers and businessmen in the dock, could go down as the biggest fraud trial in Vietnam's history. The Ministry of Public Security has launched a separate investigation into who else benefited from the illegal money. According to the indictment, more than 50,000 individuals and nearly 400 organizations and businesses received preferential deposit interest payments from the bank, including many state-owned units besides PetroVietnam. But only 19 businesses have admitted to having received a combined VND3 billion, while 124 have denied taking any money and the rest have remained silent. At least 3 PetroVietnam units were put under investigation earlier this month for colluding with OceanBank execs to appropriate $5.2 million. PetroVietnam and the banking sector are at the center of Vietnam's sweeping corruption crackdown that has ensnared scores of high-ranking officials, including Dinh La Thang, a former member of the Communist Party's decision-making Politburo who headed PetroVietnam from 2005 to 2011. (source: vnenxpress.net) INDIA: Supreme Court issues notice to Centre asking for alternatives to death by hangingA petition said that Article 21 of the Indian Constitution includes the right of a convict to have a dignified mode of execution The Supreme Court on Friday issued a notice to the Centre on a plea seeking alternatives to death by hanging for prisoners sentenced to die. The top court asked the government to give a detailed reply within 3 months. The plea said that Article 21 of the Indian Constitution on the right to life includes the right of a convict to have a dignified mode of execution. The petition also challenged the constitutional validity of a provision in the Criminal Procedure Code, which specifies hanging by the neck as the mode of executing a death penalty, PTI reported. "Our Constitution is a compassionate one, which recognises the principle of the sanctity of life," the Supreme Court said while hearing the plea. "The legislature can think of some other means by which a convict, who under law has to face a death sentence, should die in peace and not in pain," Chief Justice Dipak Misra said in the order. The bench, comprising Chief Justice Misra and justices DY Chandrachud and AM Khanwilkar, said that since other more painless methods of causing death exist in modern science, the legislature could think of using these other methods to execute the death sentence. (source: scroll.in) PAKISTAN: Court awards death penalty, 53 years' jail to murder convicts A court awarded a death sentence to a murder convict and 53 years imprisonment to his accomplice for their involvement in a murder case in Faisalabad on Thursday. The judgment was announced by
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Oct. 4 SOUTH KOREA: South Korean student once lined up for death penalty now acquitted after cop lied A South Korean student, once in line for an automatic death sentence for drug trafficking, has seen a reversal in fortunes after he was acquitted today. The ruling occurred after the suspect???s defense team was able to prove that the police officer had lied several times while under oath. Kim Yun Soung was subsequently freed by Seremban Judge Abu Bakar Jais, after being held in remand for nearly a year. Kim had been charged with trafficking 219 grams of cannabis from an apartment in Bandar Baru NIlai, an hour outside of Kuala Lumpur, last October 19. Earlier, the prosecution had asked Judge Abu Bakar for a discharge, making the case a contender for re-opening at a later date. However, Kim's attorney, Gobind Singh Deo, successfully argued that after a year in lock-up, his client should not have the charge looming over his head. Deo had proved that the police officer who led the raid was no longer a credible witness, after having been caught red-handed in contempt of court lying about who was present at the time of the arrest. When challenged with a potential charge after CCTV footage contradicted his version of events, the inspector buckled under pressure and admitted to lying. Video clearly showed that another individual had been handcuffed - though never arrested - despite the fact that throughout the trial, the police officer had maintained only Kim had been handcuffed. Lessons learned all-round! Don't sell drugs out of your apartment, and also, don't lie under oath. (source: coconuts.co) SAUDI ARABIA: STOP EXECUTION OF JUVENILES IN SAUDI ARABIA Ali, Dawood and Abdullah are facing imminent execution. They were arrested after allegedly participating in pro-democracy protests and sentenced to death. They were all children at the time. They were all tortured into 'confessions' and convicted in secret trials. Executioners Wanted: 5 alarming facts about executions in Saudi Arabia Saudi Arabia has been 1 of the 5 top executing countries in the world for more than a decade. So far this year, the Saudi authorities have put 100 people to death. Last year they killed 154 people. The year before that, 157 people. Here are 5 incredible facts about one of the world's most prolific executors: 1. In 2015 Saudi Arabia advertised for 8 new executioners to cope with the rise in executions. The advert specified no special qualifications and described the main role as "executing a judgment of death". Performing amputations on those convicted of lesser offences was also part of the role. That year, the authorities executed 157 people. 2. Saudi Arabia's main method of execution is beheading with a sword. Some reports suggest that executions can be carried out by 'crucifixion', which involves beheading and public display of the body on a cross. 3. The death penalty in Saudi Arabia is regularly imposed for offences including attendance at political protests. The Kingdom retains the death penalty for non-lethal 'crimes' like adultery, drug offences and sorcery. In 2015, a Palestinian poet was sentenced to death for apostasy for publishing a book of poetry. Ali al-Nimr, just 17 when sentenced to death by beheading. He was accused of participation in an illegal demonstration and other offences such as "explaining how to give first aid to protesters" 4. Executions are either carried out in complete secrecy or in public. One of the locations in Riyadh for executions is known locally as 'Chop-Chop Square'. 5. In January 2016, the Saudi authorities carried out a mass execution. The Saudi authorities killed 47 people in just one day. Among them were at least 4 juveniles, including Ali al-Ribh, who was arrested at his school, tortured into a false 'confession' to protest-related charges, and beheaded. His body was never returned to his family for burial. (source: repireve.org.uk) *** '5 people put to death per week': Saudi Arabia carries out 100th execution this yearUltra-conservative Saudi Arabia has one of the world's highest rates of execution, with suspects convicted of terrorism, homicide, rape, armed robbery and drug trafficking facing the death penalty. A Saudi was executed in Riyadh on Monday bringing the number of people put to death in the kingdom so far this year to 100. The man was sentenced to death for murdering another Saudi man and an appeals court upheld the ruling, the official SPA news agency reported, without elaborating. Human rights organisation Amnesty International condemned what it called Saudi Arabia's "execution spree". "Since July 2017, the Saudi Arabian government has been on an execution spree with an average of 5 people put to death per week. This sets the country firmly on track to remain one of the most prolific executioners on the planet," said Lynn Maalouf,
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Oct. 1 MALAYSIA: The 2 women 'pawns' facing death penalty over assassination of Kim Jong-un's brother 2 young Asian women are expected to plead not guilty to one of the most audacious crimes of the year on Monday, when they stand trial in a Malaysian court for the murder of the half-brother of North Korea's despotic young leader. Indonesian Siti Aisyah, 25, and Doan Thi Huong, 28, from Vietnam are charged with murdering Kim Jong-nam, 45, at Kuala Lumpur airport on February 13 by smearing his face with VX, a chemical weapon the United Nations has described as a weapon of mass destruction. The pair have claimed from the start that they did not know they were taking part in the international assassination of dictator Kim Jong-un's estranged relative, and believed they were taking part in a TV prank show. They face the death penalty if convicted. (source: telegraph.co.uk) ** Online outrage over death of navy sailors The death of 2 Royal Malaysian Navy (RMN) personnel while in the detention unit at Sungai Wangi, Sitiawan in Perak on Friday has sparked widespread outrage with people calling for justice for the duo. Netizens who took to social media to comment on the incident said those responsible should be made to pay for loss of lives of the 2 navy men. "Punish the murderers accordingly and set it as an example for all to observe and obey the law as well as to respect others," said Weng Kit, who posted a comment on the New Straits Times Facebook page. Ahmad Tejuddin Abdul Majeed wrote: "The medical report is final. Any suspected foul play must be investigated and if found to be any acts of brutality, all those involved in at the detention unit must be charged in court. Romuald Nonis said: "They had families and could anyone do such things to these guys? Get the culprits and send them to the gallows. My deepest condolences to their families and friends." Meanwhile, Maurice Ryan Downs said: "It sounded very weird to me when 2 individuals died at the same time at the same place for seemingly the same reason." Laura Wong said: "Angry that the thoughtless and cruel acts or some people caused the death of two young and able men. I feel sad for them and their parents. May they rest in peace." Another said: "These are the people trained to protect the country and its citizens, but instead they were tortured by own countrymen." Some of the netizens also questioned the standard operating procedures at the detention unit and called for a review to the existing procedures. "Must it torture to toughen a man? Is it an accepted practice in the whole world to heightened one's endurance level," said Klissa Siti. Earlier yesterday, RMN had confirmed that the 2 died while at the detention unit on Friday. According to the statement, the 2 appeared to be exhausted and were vomiting and having breathing difficulties after undergoing physical training according to the (SOP). The duo then were then given treatment by staff at the unit but were pronounced dead by the paramedics at 3.15pm. However, post mortem from the Pathology Department of the Raja Permaisuri Bainun Hospital revealed that the 2 sailors- Nik Muhammad Baihaqy Nik Mat, 28, and Muhammad Lailatulman Mohd Sukri, 26, died due to bleeding on the lungs and blunt trauma on soft tissue. This morning, 3 RMN personnel, who were on duty on the day of the incident, were remanded for 7 days today to assist in an investigation. Magistrate Nur Shaqira Ibrahim granted a 7-day remand request on the 3 personnel, aged between 29 and 44, starting from today until Oct 7. The case is being investigated under Section 302 of the Penal Code, which carries the death penalty upon conviction. (source: nst.com.my) BARBADOS: Pressure is on to end death penaltyGovernment is facing an international campaign intended to pressure Barbados into abandoning the death penaltyRelated articles 3 human rights organisations, the Advocates for Human Rights (The Advocates), the World Coalition Against the Death Penalty (World Coalition), and the Greater Caribbean for Life (GCL), have submitted a "joint stakeholder report" to the United Nations' (UN) Human Rights Council calling for Barbados to abolish the death penalty and replace it with "human-rights centred legislation". The trio, based in the United States, France, and Trinidad and Tobago respectively, also recommended that "current death sentences should be commuted". The Sunday Sun learnt that their recommendations were included in a report sent to the UN body ahead of Barbados' next Universal Periodic Review (UPR) due in January. (source: Nation News) CAYMAN ISLANDS/JAMAICA: Suspected Jamaican killer fights deportation A Jamaican national who is currently being held on remand at HMP Northward, having been charged with illegal landing, is fighting deportation to his native country over fears he
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Oct. 3 SAUDI ARABIA: Saudi Arabia Death toll reaches 100 as authorities carry out execution spree The Saudi Arabian authorities executed a man today, bringing the total number of people put to death so far in 2017 to 100, with 60 people executed in the past 3 months alone, said Amnesty International. "Since July 2017, the Saudi Arabian government has been on an execution spree with an average of 5 people put to death per week. This sets the country firmly on track to remain one of the most prolific executioners on the planet," said Lynn Maalouf, Director of Research for Amnesty International in the Middle-East. "If the Saudi authorities are truly intent on making reforms, they must immediately establish an official moratorium on executions as a first step towards abolishing the death penalty completely." 40 % of the executions carried out so far this year were related to drug-related offences, which do not fall into the category of "most serious crimes". The use of the death penalty for such offences violates international human rights law. Unfair trials Many people in Saudi Arabia sentenced to death and executed are charged guilty following seriously flawed court proceedings that routinely fall far short of international fair trial standards. They are often convicted solely on the basis of "confessions" obtained under torture and other ill-treatment, denied legal representation in trials which are held in secret, and are not kept informed of the progress of the legal proceedings in their case. For example, on 13 September Said al-Sai'ari was executed in the city of Najran, in the southwest of Saudi Arabia. He was found guilty of the murder of another Saudi Arabian man, by the same court that concluded that there was not enough evidence to convict him. "Said al-Sai'ari was put to death in spite of the lack of evidence against him. This just shows how facile it is for the Saudi Arabian authorities to resort to this inhumane, and more crucially, irreversible punishment," said Lynn Maalouf. Death penalty as a tool to crush dissent "The Saudi authorities have been using the death penalty as a tool to crush dissent and rein in minorities with callous disregard for human life. They should immediately quash these sentences and ensure that all trials meet international fair trial standards without recourse to the death penalty" said Lynn Maalouf. At least 33 members of Saudi Arabia's Shi'a Muslim community currently face the death penalty. All were accused of activities deemed a risk to national security. Among them are Ali al-Nimr, Abdullah al-Zaher, Dawood al-Marhoon who were arrested for alleged offences committed when they were under 18 and who said that they were tortured in order to make them "confess". Last month the family of another young man Abdulkareem al-Hawaj were informed by court officials that the Supreme Court had upheld his death sentence for offences related to his involvement in anti-government protests. Al-Hawaj was only 16 when he took part in the protests; he has exhausted all his appeals and can be executed as soon as the King ratifies his sentence. They are all at imminent risk of execution. On 11 July, Yusuf al-Mushaikhass along with 3 other Shi'a men were executed in the country's Eastern Province of Qatif for terror-related offences in connection with their participation in anti-government protests between 2011 and 2012. He was convicted following a grossly unfair trial which hinged largely on a "confession" obtained through torture. The families of the 14 Shi'a men accused of protest-related crimes and whose death sentence was upheld by the Supreme Court on 24 July live in the fear of receiving at any time the horrific news of the execution of their relatives. Background Saudi Arabia uses the death penalty for a wide range of offences that are not accepted as the "most serious crimes" under international human rights law, which are limited to crimes involving intentional killings. Saudi Arabia is one of the top executioners in the world, with more than 2,000 people executed between 1985 and 2016. Amnesty International opposes the death penalty in all cases without exception regardless of the nature or circumstances of the crime; guilt, innocence or other characteristics of the individual; or the method used by the state to carry out the execution. (source: Amnesty International) MALAYSIA: Entertainment centre operator, Thai woman charged with drug trafficking An entertainment centre operator and a Thai woman were jointly charged at the magistrate's court here today for drug trafficking and the possession of contraband cigarettes and alcoholic drinks. For the 1st count, T. Kartik, 26, and Jutamas Pattarapanichkul, 27 were charged with trafficking 448.98 grammes of heroin and monoacetylmorphine at a house at Lot 585, Jalan Damai 1, Taman Damai, Padang Serai on Sept 20 at 2pm.
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Oct. 2 SAUDI ARABIAexecutions Pakistani 'drug trafficker' among 6 beheaded in Saudi Arabia The Saudi Arabia government on Monday executed 6 people, including a Pakistani citizen, convicted of drug trafficking and homicide, the highest number of executions in a single day this year. The Pakistani man was beheaded for drug trafficking and 5 Saudi nationals for homicide, the interior ministry said. Monday's executions bring to 44 the number of convicts put to death this year, according to an AFP tally of government statements. The oil-rich kingdom has one of the world's highest rates of execution, with suspects convicted of terrorism, homicide, rape, armed robbery and drug trafficking facing the death penalty. The country reported 153 people executed last year, a number confirmed by London-based rights group Amnesty International. (source: Pakistan Today) IRANexecutions Three Executions On Murder Charges 2 prisoners were executed, 1 at Kerman prison and another at Tabriz Central Prison. The total number of the executions in Urmia on Tuesday has increased to 2. Execution of Prisoner in Kerman According to a report by ISNA and the deputy of Public and Revolutionary Prosecutor's Office for Central Kerman Province, a prisoner who was charged with murder was hanged at Kerman prison. According to the same source, the prisoner, identified as Gh.N., murdered his brother-in-law with a knife in a quarrel on April 3, 2013. "The victim, Ahadi, was a close relative of the murderer's and there was no intention of murder. But it all happened extremely fast," Amine Salari explained. The official sources that reported the execution of this prisoner didn't mention the exact date of it, however, it appears that the execution was carried out on Thursday September 28. Execution of Prisoner in Tabriz According to a report by HRANA, a prisoner was executed at Tabriz Central Prison on murder charges. The prisoner, identified as Ahad Pourtaghi, was executed on Thursday September 21. Mr. Pourtaghi had been in prison since 2012 on the charge of murdering his wife. He was tried in a court and his death sentence was issued. Execution of Prisoner in Urmia According to a close source, a prisoner, named Moslem Tamrkhani from ward 2 of mental ward, was executed at Urmia Central Prison on Tuesday 26. Moslem Tamrkhani was sentenced to death on murder charges. Previously, Iran Human Rights (IHR) had reported about the execution of a prisoner named Javad Khayyeri at Urmia Central Prison on Tuesday. This brings the total number of the executions on Tuesday to 2. The 2 prisoners were transferred to solitary confinement in a group of 4 on Monday September 25. The other 2 prisoners returned to their cells after either winning the consent of the plaintiff or asking for time. The executions in Tabriz and Urmia have not been announced by the state-run media so far. According to Iran Human Rights annual report on the death penalty, 142 of the 530 execution sentences in 2016 were implemented due to murder charges. There is a lack of a classification of murder by degree in Iran which results in issuing death sentence for any kind of murder regardless of intensity and intent. (source: Iran Human Rights) VIETNAM: In Vietnam, corruption can mean death. But so what? Unless the day-to-day corruption that affects the masses is rooted out, any anti-graft drive would be just cosmetic, analysts say. Mac Thi Hao seems unperturbed by the news coverage of Vietnam's corruption crackdown blaring from screens all around her. A retired accountant in Hanoi, Hao has a much more pragmatic, no-nonsense stance on what corruption means to her. "I just don't care about a bigwig being punished," Hao told VnExpress International. "I know there is an ongoing crackdown on corruption, but that really has nothing to do with me," she said. "Whenever I think of corruption, I always recall the bribes I had to pay for my children's school admissions or for better hospital services. To me, that's the corruption that affects my life the most." Hao's account offers a small glimpse into what most Vietnamese people make of corruption and what it means to them. It was revealed against the backdrop of Vietnam's sweeping corruption crackdown that has grabbed both international and local headlines. Just last Friday in Hanoi, a former chairman of the state energy giant PetroVietnam was sentenced to death and a former CEO of a scandal-hit bank got a life sentence in what has been considered the biggest fraud trial in Vietnam's history. The OceanBank trial, as referred to by local media, also saw a slew of officials and bankers receive jail terms of up to 22 years. Given that Vietnam's top echelons have repeatedly tried to assuage people's fears of rampant graft, the sentences apparently exhibit the political will to repair shattered public confidence. In late
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Sept. 30 IRAN: 74-year-old Iranian, who hosted 'half-naked parties', sentenced to deathThe chief prosecutor said the man led "a corruption gang" which held parties with drugs and alcohol, and where women were "sexually harassed". Iran has sentenced a 74-year-old man to death for hosting "mixed and half-naked parties", the head of Tehran's judiciary said. Chief prosecutor Abbas Jafari Dolatabadi said the man led "a corruption gang" which held parties with drugs and alcohol, and where women were "sexually harassed". "The head of this corruption gang has been sentenced to execution and the case has been sent for appeal to the supreme court," he said, according to the judiciary-linked Mizan news agency. Dolatabadi mentioned another case in which 6 people had been arrested for downloading "obscene" Hollywood films and dubbing them into Persian. "The gang's website was the largest download centre for Hollywood films and series, and in the past 3 years they have published 18,000 dubbed films and series, many of which were obscene and pornographic," said Dolatabadi. (source: hindustantimes.com) KUWAIT: Death penalty of 15 Indians commuted to life term by Emir of Kuwait Death sentences handed down to 15 Indians lodged in a Kuwaiti jail have been commuted to life imprisonment by the Emir of Kuwait, external affairs minister Sushma Swaraj said on Saturday. Swaraj said the Emir has also directed that the sentences of 119 Indian nationals be reduced. "The Emir of Kuwait has been pleased to commute the sentence of 15 Indian nationals from death to life imprisonment," she tweeted. Swaraj thanked the Emir of Kuwait for his "kind" gesture and said the Indian Embassy in that country will extend assistance to the Indian nationals who will be released from jails. (source: english.manoramaonline.com) PAKISTAN: FIA challenges ATC verdict in Benazir Bhutto murder case The Federal Investigation Agency (FIA) on Friday filed a petition challenging the anti-terrorism court's (ATC) decision in the Benazir murder case. The petition that had been filed in the Rawalpindi bench of the Lahore High Court (LHC) maintains that the FIA has irrefutable evidence against the acquitted suspects. Subsequently, the FIA has requested death penalty be awarded to the 5 accused acquitted and two police officials imprisoned. The petition states that the ATC has not done justice through its verdict. The LHC on Thursday accepted petitions challenging detention of those acquitted in Benazir murder case for regular hearing. A division bench of LHC Rawalpindi bench comprising Justice Tariq Abbasi heard the petitions filed by relatives of Sher Zaman, Hasnain Gul and Rafaqat Hussain acquitted in Benazir murder case against their detention after acquittal in the Benazir murder case. After hearing preliminary arguments of the petitioners' counsel, the court accepted the petition for regular hearing and issued notices to the Rawalpindi's deputy commissioner. Earlier, ATC Judge Asghar Khan at Adiala Jail had announced the verdict in Benazir Bhutto murder case, sentencing 2 police officers to 17 years imprisonment for being "negligent" and had acquitted the 5 suspects belonging to Tehreek-e-Taliban Pakistan (TTP) - who were indicted in 2008 over lack of evidence. The court had also declared the then-president Pervez Musharraf an absconder in the case. Former prime minister Benazir Bhutto was assassinated in a gun and bomb attack after an election rally in Liaquat Bagh on Dec 27, 2007. The then government of Pervez Musharraf had blamed TTP chief Baitullah Mehsud for the killing but Mehsud had denied any involvement in the murder. (source: Pakistan Today) INDONESIA: AGO Waits for Supreme Court Decision on Pardon for Death Penalty Execution The Indonesia Supreme Court (MA) has yet to issue a decision regarding the time limit for the submission of pardon for death row inmates convicted by the Attorney General Office (AGO) since August 2017. "We are still waiting [for the Supreme Court decision], we must be careful on this, as this is a decision on life or death of a human being," said Attorney General HM Prasetyo in Jakarta, Friday (29/09/2017). He asserted the death execution was related to the life of a person, and therefore the AGO needs to request for a decision from the Supreme Court , since the decision of the Constitutional Court about the pardon did not mention the time period for submission of pardon. The Constitutional Court, through Decision No. 107/PUU-XIII/2015 abolished the enactment of Article 7 paragraph (2) of Law no. 5 of 2010 on Amendment to Law no. 22 of 2002 on Pardon related to the time limitation of submission of pardon to the president. That is, the Court "frees" the convicted person to apply for pardon at any time. This ruling changed the preceding rules, the submission of pardon is done no later than a
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Sept. 29 LEBANON: Lebanon's Military Tribunal Sentences Terrorist Ahmad Assir to Death The Permanent Military Tribunal, chaired by Major General Hussein Abdullah, on Thursday sentenced in absentia death penalty against the terrorist Ahmad al-Assir in the Abra incidents' case. The Military Tribunal also sentenced Assir's assistant Fadel Shaker to 15 years of hard labor and stripped him of his civil rights with an 800,000 lira fine. In 2013, Ahmad Assir led a terrorist group to launch attacks on the civilians and the Lebanese army in the southern city of Sidon, causing the martyrdom of 18 army soldiers. (sources: Al-Manar Website and NNA) NIGERIA: Senate recommends death penalty for kidnappers The Senate on Thursday passed a Bill for a law against abduction, wrongful restraint or wrongful confinement for a ransom. This came after a clause-by-clause consideration of a Report on the issue by Senate Committee on Judiciary, Human Rights and Legal Matters at plenary. The Bill was sponsored by Senator Isa Misau (APC-Bauchi) and Senator Chukwuka Utazi (PDP-Enugu), who presented the report on behalf of the Chairman of the committee, Senator David Umaru. While presenting it, Utazi said the Bill sought to prescribe stiff punishment for the offence of abduction, wrongful restraint and wrongful confinement for ransom. He said the bill sought to combat and prevent any form of kidnapping in Nigeria and gave wider powers to the Inspector-General of Police to ensure adequate combating of crime. Clause 1 (3) of the Bill states: "Whoever is guilty of the offence and then results in the death of the victim shall be liable on conviction to be sentenced to death." Clause 5 (2): "Anyone who fails to produce any book, account, receipts, vouchers or other documents which is in his possession or control shall be guilty of an offence. "The person shall be liable on conviction to a fine not exceeding N100, 000 or to imprisonment for a term not exceeding one year or to both fine and imprisonment." Clause 3 provides a 30-year jail term to anyone who colludes with abductor to receive any ransom for the release of any person who has been wrongfully confined. The report was unanimously accepted by the lawmakers after a voice vote put by the President of the Senate, Dr. Abubakar Bukola Saraki. The Senate also passed the Bill for the Prohibition and Protection of Persons from Lynching. However, the report of the Committee on Trade and Investment on Counterfeit Goods Bill was stepped down due to technical irregularities. Saraki, thereafter, referred the report to Legal Department of the National Assembly and urged chairmen of all committees to ensure that their reports passed through the legal department before consideration by the Senate. (source: theeagleonline.ng) KENYA: 3 face death penalty for Del Monte Kenya pineapple theft, report says Kenya's Court of Appeal has reportedly upheld the death sentence handed to three men who allegedly stole 30 pineapples from a Del Monte farm, according to local publication Standard Media. Julius Mugambi, Edward Mburu and Francis Maina lost their case after the court found they were positively identified as part of a gang of 7 intruders, the story said. They are now reported to be on death row even though they never got away with the fruits worth Sh1,500 from a facility belonging to Del Monte Kenya, which is owned by Fresh Del Monte. The 3 were charged with threatening security guards using machetes before stealing the pineapples and also with unlawfully injuring an animal, the story said. They were reportedly first arraigned in the magistrate's court in Thika on November 1, 2008, where they were tried and sentenced to death. They filed an appeal at the High Court, arguing there was a mistake in the identification of intruders at the farm on the day, according to Standard Media. At the time of writing, Fresh Del Monte had not replied to Fresh Fruit Portal's request for comment on the matter. (source: freshfruitportal.com) EGYPT: NCHR annual report recommends restriction of military trials, denies systematic torture The Egyptian National Council of Human Rights [NCHR] released on Wednesday its annual report on the period from April 2016 to June 2017, which highlighted the conditions of human rights in Egypt and the state's efforts in combating terrorism. The report asserted that there is no systematic torture performed against prisoners inside Egyptian prisons as rumored, noting that the monitored torture cases are 'individual' and all its perpetrators are tried on a regular basis. Meanwhile, the report mentioned that NCHR's head Mohamed Fayek met with delegations from the US congress and stressed to them that all reports issued by the Congress on the presence of sectarian strife in Egypt between Copts and Muslims have no relation to reality. Moreover, the
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Sept. 28 IRANexecution 1 Prisoner Hanged In Northwestern Iran A prisoner was executed at Urmia Central Prison (Darya) northwestern Iran. According to a close source, on the morning of Tuesday September 26, the execution sentence of a prisoner who was charged with murder was carried out at Urmia Central Prison. The prisoner was identified as Javad Khayyeri from ward 15. Javad Khayyeri was transferred to solitary confinement along with three other prisoners yesterday. The t3 prisoners returned to their cells after either wining the consent of the plaintiff or asking for time. Javad Khayyeri was charged with drug trafficking and murdering a police officer and was sentenced to death twice. But the death sentence for his drug related charges was reduced to life imprisonment a while ago. This execution has not been announced by the state-run media so far. According to Iran Human Rights annual report on the death penalty, 142 of the 530 executions in 2016 were due to murder charges. There is a lack of a classification of murder by degree in Iran which results in issuing death sentence for any kind of murder regardless of intent. * Man Executed For Drug Charges In Ardebil 1 prisoner was reportedly executed at Ardebil Central Prison (Northwestern Iran). According to a close source, on the morning of Wednesday September 20, a prisoner was executed at Ardebil Central Prison on drug related charges. The prisoner was identified as Tofigh Yousefi. On the morning of Sunday September 17, Tofigh Yousefi and another prisoner, named Shahin Parsajou, were transferred to solitary confinement. Iran Human Rights (IHR) had reported the execution of Shahin Parsajou which was carried out on Monday September 18. However, Tofigh's execution was delayed until Wednesday for unknown reasons. The execution of Tofigh Yousefi and Shahin Parsajou has not been announced by the state-run media so far. The execution of prisoners with drug related charges continues to be carried out in Iran despite the fact that the bill for the amendment to the drug law in Iran has been approved by Iranian Parliament. However, the Guardian Council must still approve the bill. (source for both: Iran Human Rights) GAZA: 'It's cruel and inhuman': EU condemns death sentences issued in Gaza The EU Missions in Jerusalem and Ramallah condemned on Wednesday recent death sentences issued in the besieged Gaza Strip, calling the practice "cruel and inhuman." On Tuesday, a Gaza court issued death sentences against 3 Palestinian residents of Khan Younis, charged with killing a resident of Deir al-Balah during a robbery on his home, according to Palestinian news agency Wafa. The EU responded to the reports by reiterating their "firm opposition under all circumstances to the use of capital punishment," adding that the EU supports the complete abolition of the death penalty in order to protect "human dignity and the progressive development of human rights." The EU "considers capital punishment to be cruel and inhuman, that it fails to provide deterrence to criminal behaviour, and represents an unacceptable denial of human dignity and integrity," the statement added. The statement then urged authorities in Gaza to cease carrying out executions and to comply with the moratorium on executions imposed by the Ramallah-based Palestinian Authority (PA). Under Palestinian law, willful, premeditated murder and treason as well as collaboration with the enemy -- usually Israel -- are punishable by death. However, all death sentences must be ratified by the Palestinian president before they can be carried out. Despite this, the Hamas de facto administration in Gaza has carried out executions periodically without receiving approval from PA President Mahmoud Abbas since 2010. According to the Palestinian Center for Human Rights, at least 22 death sentences have been carried out in the besieged Gaza Strip since the Hamas movement rose to power there in 2007. However, Hamas has recently agreed to allow the national reconciliation government to operate in the besieged Gaza Strip, possibly putting an end to a national split in the Palestinian government since a bloody conflict broke out between the Fatah-ruled PA and Hamas more than a decade ago. Palestinian Prime Minister Rami Hamdallah said on Tuesday that by next Monday, when the PA holds its next weekly cabinet meeting in the Gaza Strip, all of Gaza's affairs will be handed over to the PA. (source: maannews.com) SRI LANKA: Death Penalty for seven accused of Jaffna school girl's rape and murder A Sri Lankan court today sentenced 7 accused to death for the abduction, rape and murder of a school girl in Jaffna in 2015. The 18-year-old school girl, Sivaloganathan Vidya was kidnapped, gang raped and murdered on Pungudutivu island of Jaffna in Northern Province on 13 May 2015. Jaffna High Court
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Sept. 27 UNITED ARAB EMIRATES: Death penalty sought as UK journalist denies murdering his wife in DubaiBritish journalist Francis Matthew appeared in court in Dubai Prosecutors in Dubai are seeking the death penalty for a British journalist accused of murdering his wife. Francis Matthew, the editor-at-large of a prominent English-language newspaper, pleaded not guilty on Wednesday to a premeditated murder charge. Police allege Matthew, who worked for Gulf News, beat his 62-year-old wife Jane to death with a hammer, leaving her body in a pool of blood in their bed before telling detectives that robbers killed her. The killing has shocked the United Arab Emirates' large British expatriate population. The 61-year-old Matthew wore white prison-style clothes to a brief hearing in a Dubai courtroom on Wednesday. He looked thin and sombre while entering his plea, saying: "Not guilty." After the hearing, Matthew's lawyer Ali al-Shamsi said they are looking to get a minimum sentence for his client. "There is a mistake in the autopsy report," Mr al-Shamsi said, without elaborating. On July 4, Dubai police said they were called to Matthew's 3-bedroom villa in Dubai's Jumeirah neighborhood. There, they say they found his wife of over 30 years dead and the editor told them robbers broke into the home and killed her. During a later interrogation, however, police say Matthew told them his wife had grown angry with him because they were in debt and needed to move. Matthew said he got angry when his wife called him "a loser" and told him "you should provide financially", according to police. Matthew told police his wife pushed him during the argument. He then got a hammer, followed her into the bedroom and struck her twice in the head, killing her, according to a police report. The next morning, Matthew tried to make it look like the house had been robbed and later went to work like nothing had happened, throwing the hammer in a nearby tip, police said. Gulf News previously has said Matthew served as its editor from 1995-2005 and then became an editor-at-large at the newspaper. He was still with the newspaper at the time of the killing, though a Gulf News article on the court appearance on Wednesday referred to him as a former employee. (source: Belfast Telegraph) ISRAEL: Liberman's party revives death penalty for terrorists bill after Har Adar attackMK Robert Ilatov says legislation needed to send a 'clear and unequivocal' message on punishment for terrorism Defense Minister Avigdor Liberman's Yisrael Beytenu party said Tuesday it will revive legislation applying the death penalty to convicted terrorists after a deadly terror attack in the settlement of Har Adar earlier in the day. MK Robert Ilatov, who will submit the bill, said the legislation is necessary to deter future terrorists from carrying out attacks. "The legislation needs to be clear and unequivocal. A terrorist who comes with the goal of murdering innocent citizens - his sentence is death," said Ilatov in a statement Tuesday. Liberman and his Yisrael Beytenu party have long advocated introducing the death penalty for terrorists and the issue was one of the party's key campaign promises in the 2015 elections. While the proposed legislation has previously failed to garner sufficient support, Liberman expects Prime Minister Benjamin Netanyahu to support the bill, Channel 2 reported Tuesday. Following a terror attack in July in the West Bank settlement of Halamish, in which a Palestinian stabbed to death 3 family members of the Salomon family as they celebrated the birth of a grandson in their home, Netanyahu said he supported the death penalty for the terrorist, saying it was a fitting punishment for a "base murderer." Despite the comment by Netanyahu and a number of other top right-wing political figures at the time, an IDF prosecutor said the punishment is not Israeli policy, despite it being permissible under law. In Israel, the death penalty is applicable only in limited circumstances, and has only been carried out once in a civilian court, against Nazi war criminal Adolf Eichmann, one of the architects of the Final Solution, in 1962. According to a poll in August, over 70 % of Jewish Israelis said they support the death penalty for terrorists. The Knesset has several times rejected legislation that would apply the death penalty to Palestinian terrorists, including in Netanyahu governments. Yisrael Beytenu's latest call for legislation mandating the death penalty for convicted terrorists came after Tuesday's terror attack in Har Adar, in which a Border Police officer and 2 security guards were shot dead by a Palestinian from a nearby village. The terrorist, identified as Nimer Mahmoud Ahmad Jamal, a laborer from the nearby Bayt Surik village, was shot and killed by security forces at the scene, police said. The victims -
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Sept. 26 INDONESIA: Indonesia Rejects UN Recommendation to Abolish Death Penalty Indonesia on Thursday (21/09) accepted 167 of the 225 recommendations it received from international delegations during the 27th session of the United Nations Universal Periodic Review, or UPR, earlier in May, but crucially rejected the recommendation to abolish the death penalty. Indonesia said the remaining 58 recommendations, including ones on abolishing the death penalty, addressing past human rights violations and ending prosecutions under blasphemy laws, "were noted" but considered "not in line with the priorities in Indonesia's human rights agenda." Indonesia went through its third UPR cycle in May, and had straight away accepted 150 recommendations put forward by 101 delegations during the review while placing the remaining 75 under further examination. Indonesia stated its final position on the pending recommendations during the 36th session of the Human Rights Council last week. During the session, Indonesia reaffirmed its position that "the death penalty is still a prevailing positive law in Indonesia." "However, the revision of the penal code had provided a more robust safeguard in due process of law on the death penalty," Indonesia's deputy permanent representative to the UN office in Geneva, Michael Tene, said. The United Kingdom said it "regretted that the recommendations on the moratorium on the use of the death penalty had not been supported" and repeated its call that no evidence suggests death penalty is a more effective deterrent than alternative forms of punishment. Other delegations in the session also expressed concerns that the Indonesian government had not addressed discrimination against minority groups in the country, which include lesbian, gay, bisexual and transgender persons and followers of religious minorities. "Indonesia took note of the remaining 58 recommendations with the consideration that they are not in line with the priorities in Indonesia's human rights agenda. Some of the recommendations were also inaccurate and not based on facts," Michael said, according to a statement released by the Foreign Affairs Ministry. The National Commission on Human Rights (Komnas HAM) urged the Indonesian government nevertheless to take some measures to deal with the recommendations it did not accept, including "measures to eradicate impunity, prioritize the settlement of gross human rights violations, guarantee freedom of religion and belief, ensure freedom of expression and abolish the death penalty." Komnas HAM and Amnesty International also noted that Indonesia has yet to ratify several international human rights accords, including the Optional Protocol on the Convention Against Torture and Convention for the Protection of All Persons From Enforced Disappearance. (source: Jakarta Globe) IRAQmass executions Iraq hangs 42 Sunni militants convicted of terrorism Iraq on Sunday executed 42 Sunni Muslim militants convicted on terrorism charges ranging from killing members of security forces to detonating car bombs. The biggest mass execution this year in Iraq came after Sunni suicide attacks killed at least 60 people near the southern city of Nassiriya, a Shi'ite area, on Sept. 14, prompting Shi'ite demands for tougher judicial action. Amnesty International criticized the move, saying on Monday that "mass execution is a shocking display of the Iraqi authorities' resort to the death penalty to try to show they are responding to security threats". "The death penalty is an irreversible and reprehensible punishment that should not be used in any circumstances and there is no evidence to show that it deters crime more than any other means of punishment," Amnesty said in a report. The Justice Ministry said on Sunday the 42 had been hanged at a prison in Nassiriya, 3 months after 14 other militants were executed following convictions for terrorism. Islamic State claimed responsibility for three suicide attacks targeting restaurants and a security checkpoint near Nassiriya. Relatives of victims were invited to witness Sunday's executions, the justice ministry said. "Despite all the pain inside me after losing my 2 brothers in the suicide attacks, when I saw the terrorists dangling from the rope I felt relief," said Fadhil Abdul Ameer from Nassiriya. Islamic State's self-declared caliphate, declared in 2014 after it captured wide areas of northern and western Iraq, effectively collapsed in July when U.S.-backed Iraqi forces captured Mosul, the group's de facto capital in Iraq. But recent deadly bomb attacks in Baghdad and other cities show the jihadists remain capable of guerrilla-style warfare, a tactical shift away from seeking territorial conquest. (source: Reuters) For terrorism in Iraq executed more than 40 peopleThe penalty of death on charges of terrorism has received
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Sept. 25 SUDAN: Sudanese student sentenced to death for alleged murder of policeman A Sudanese court sentenced a university student to death by hanging on Sunday for the alleged killing a policeman during protests last year, triggering protests after the verdict. Last August, Khartoum North Criminal Court found Asim Omer, 21 years, guilty of premeditated murder, however, the judge delayed the sentencing until the 24th September to listen to the victim's family and make them decide on whether the convict should be punished or receive a pardon. The Khartoum court, headed by Judge Abdeen Dahi, sentenced Omer to death by hanging, pointing that the family of the deceased's family refused blood money and demanded the death sentence. Omer is a student at the University of Khartoum, he was arrested by the Sudanese security service and accused of killing a police officer who died after a hit by a Molotov cocktail during the student protests in April 2016. The trial session which was held amid tight security measures was attended by representatives of the European Union, a number of Western embassies and international human rights organizations. After the verdict, hundreds of students and representatives of the Sudanese opposition demonstrated outside the court, chanting anti-government slogans. But the Police responded to the protesters using tear gas to disperse them. The demonstrations moved to the University of Khartoum, where police forces had to close the surrounding streets and disperse protesters with heavy tear gas. Eyewitnesses told Sudan Tribune that the security forces arrested a number of protesters. The Sudanese Congress Party (SCoP) slammed rejected the "fabricated" sentence against Omer who is one of its members. It further stressed that verdict is "contrary to the law and to the evidence," pointing out that the prosecution did not offer evidence to justify the penalty. The opposition party stressed that it would challenge the decision before the Supreme Court, adding "despite our knowledge of the nature of the critical stage reached by state institutions under the absolute control of the security apparatus." The statement said all the options are open for dealing with this issue and to protect Omer's life. SPLM-N Agar Secretary General Yasir Arman slammed the verdict and described it as "political by excellence". He further voiced their solidarity with him and called on the SPLM-N membership, allies and supporters to continue to defend him adding that "such crimes would not stop until the removal of this criminal regime". Sudanese Communist students office in Khartoum, for its part, condemned the death sentence saying it comes in line with the "political trials the regime has been conducting against the innocents and those who resist its policies". "The prosecution did not provide any evidence condemning Asim," said the Communist students emphasizing that "The defence evidence confirmed that the day the crime was committed the student was at his home." (source: Sudan Tribune) ZIMBABWE: Mawarire Faces Death Penalty After Renewed Treason Charge Mawarire is being charged with subverting a constitutionally elected government or alternatively for inciting public violence. The charges are coming from the video he did yesterday before the FB live talking about the current cash crisis, they are treasonous and carry a death penalty. Furthermore, the Zimbabwe Lawyers For Human Rights reports that authorities have lined up 8 witnesses to testify against His Generation Church leader Mawarire, whose trial on charges of subverting constitutional government commences at the High Court in Harare on Monday 25 September 2017. The 40 year-old Mawarire, who is represented by Harrison Nkomo of Mhishi Nkomo Legal Practitioners, a member of Zimbabwe Lawyers for Human Rights will appear before High Court Judge Justice Priscilla Chigumba, who will preside over his trial on Monday 25 September 2017. The clergyman, who was arrested in July 2016 and in January 2017 will be on trial facing 2 counts of subverting constitutional government as defined in section 22 (2) (a) of the Criminal Law (Codification and Reform) Act, Chapter 9:23 or alternatively incitement to commit public violence as defined in section 187 (1) (a) as read with Section 36 (1) (a) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. The National Prosecuting Authority (NPA) claimed that Mawarire incited Zimbabweans from "all walks of life either locally or internationally" to revolt and overthrow a constitutionally elected government. The NPA has lined up 8 witnesses who include Crispen Makedenge, Innocent Chipangura, Patrick Romeo Moyo, Lawrence Njodzi, Marshal Dube, Jeremiah Murenje, Edmore Runganga and Mavhira Richard Mhlanga to testify against Mawarire. If convicted of subverting constitutional government, Mawarire is liable to
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Sept. 24 BARBADOS: A GUY'S VIEWDo not insult our intelligence This newspaper's edition of September 20, 2017, reported that the National Human Rights Officer for Barbados and the Organisation of East Caribbean States posited that there is a need for research into the death penalty and how the general public views this punishment in Barbados. That report was evidence of a perfect example of an international body seeking to hoodwink an entire population with senselessness. The only good thing, I hope, is that tax payers' money is not going towards any portion of their useless work. As they may have done elsewhere, they could focus their investigation on a particular interest group, like defence attorneys, and then extrapolate from that finding to the rest of the country. But it is in poor taste for any person to sit in front of a Barbadian audience and say that they intend to investigate what or how Barbadians feel about the death penalty. One of the things that may cause the outstanding work of the Attorney General of this country to be diminished in the eyes of many Barbadians is the perception that he has something to do with this country's refusal to execute murderers. Although it may be common knowledge in informed circles, it is apparently not so well known by the lady on the Bathsheba bus that while the death penalty remains on our books, for practical reasons, we cannot execute anyone. If my memory serves me well, I believe that the Attorney General has let slip that no one will hang during his tenure. He was not necessarily suggesting that he is against the death penalty, although he might be, but was merely stating a fact. No one will hang during his tenure, or that of his successors for a long time to come. An unfortunate reference was made to the June 5, 1999 hanging of the Dole Chadee gang in Trinidad as evidence that the death penalty has not prevented violence in that country. It is indeed fruitless to take a one-off action and expect that it would forever influence behaviour in any significant way. That event is the high water mark of how not to use the death penalty. Effective use of the death penalty cannot be a knee jerk reaction to a particular crime. Dole Chadee and his gang took out a family because of a botched drug event. That killing outraged persons, not only in Trinidad, but across the Caribbean. I am old enough to remember the atmosphere at that time. An extract from the Los Angeles Times painted the societal picture in Trinidad then: "Marking the moment with prayer and protest, the church bell at the capital's Roman Catholic Cathedral tolled 9 times at 8 a.m. - a reminder, Archbishop Anthony Pantin said, that 'enough blood has been spilled.'" But with hourly news bulletins, street-corner banter and banner headlines announcing, "Hanging Time," many in this crime-weary nation of 1.3 million heaved a sigh of relief that justice was done." In "democratic" countries, different interests compete for prominence. Unfortunately, in the Caribbean, as elsewhere, the wishes of the majority are only acknowledged when they are shared with the views of the powerful. What the majority of Trinidadians felt then, or feel now, really does not matter. The power bases in the society said no more, and there have been no more. In a great display of puff, Trinidad withdrew from the jurisdiction of Inter-American Court on Human Rights because that organisation stood firmly against the death penalty and did everything to obstruct that punishment. On May 26, 1998, the government of Trinidad and Tobago notified the Secretary General of the Organisation of American States that it was withdrawing its ratification of the American Convention on Human Rights. That withdrawal became effective 1 year later. There has since been a lot of talk about executions, but none has followed. With the full knowledge of the intention and tactics of the said Inter-American Court, Barbados has chosen to remain loyal to that organisation. If there were any doubt about this country's willingness to carry out the death penalty, there should now be none. Our history is one of always being told what to do. When we were slave societies, our people had no say in what was done in their country or even done to them personally. When we graduated to "free" colonial status, we still had no say in what would be done in our country. At the level of decision making, we could or could not agree with any decision, it made no difference. Now, as independent Caribbean states, the wishes of the majority of our people is of no moment on the issue of the death penalty. It is commonly believed that our last executions in Barbados were dictated by the status of the victim who suffered at the hands of her killers. That could never be an appropriate use of that punishment. If an act is unlawful, it should attract the same punishment, regardless of who
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Sept. 23 IRANexecutions 8 People Hanged in Various Iranian Prisons A total of 8 prisoners were reported hanged in various Iranian prisoners. Iranian official sources, including the Judiciary and the state-run media, have not announced these 8 executions. According to close sources, on Tuesday September 19, a prisoner was reportedly hanged at Khorramabad Central Prison on murder charges. The prisoner has been identified as Mohammad Haji Sabzali. Mohammad was reportedly arrested and sentenced to death 6 years ago. On the morning of Wednesday September 20, another prisoner was hanged at this prison on murder charges. The name of the prisoner is not known at this time. According to the human rights news agency, HRANA, on the morning of Monday September 18, a prisoner was hanged at Broujerd Central Prison on murder charges. The prisoner has been identified as Hossein Dalvand. According to the Kurdistan Human Rights Network and sources close to Iran Human Rights, on the morning of Monday September 19, three prisoners were hanged at Tabriz Central Prison. These 3 prisoners were reportedly transferred to solitary confinement on Sunday in preparation for their executions. The prisoners have been identified as Sina Assadzah and Ahad Pourtaghi, sentenced to death on murder charges, and Yousef Ebrahmi. "Yousef Ebrahimi was in prison for 20 years on murder and sodomy charges. He was able to gain forigiveness from the complainants on his case file regarding the murder charge, but he was executed on sodomy charges. According to the Kurdistan Human Rights Network, on the morning of Wednesday September 20, two prisoners were hanged at Qazvin Central Prison on drug related charges. The 2 prisoners have been identified as Teyb Hajizadeh and Mojtaba Rahmati. Teyb and Mojtaba were transferred to solitary confinement on Tuesday night in preparation for their executions. Iranian official sources, including the Judiciary and the state-run media, have not announced any of these executions. The recent wave of executions in Iran may be related to the upcoming Muslim holy month of Muharram. During Muharram, the rate of executions in Iran significantly decreases. Close sources have also reported on a prisoner by the name of Massoud Joodaki, who was taken to solitary confinement on Saturday September 16 in preparation for his execution. Massou Joodaki, who is on death row on drug related charges, was reportedly returned to his cell after his execution was stayed. *** 5 Executions in Kerman Province Including 1 in Public adollah Movahed, the head of the Judiciary in Kerman, has reported on 5 executions in Iran, including 1 in public. According to the state-run news agency, Mehr, Yadollah Movahed announced the execution of 5 prisoners in the province of Kerman who are "agents of insecurity and evil". "In the past several days, the execution sentences for 5 prisoners, who are agents of insecurity and evil, were carried out in the eastern and southern parts of the Kerman province for various charges, including Moharebeh, armed robbery, kidnapping, and murder. They were executed after they were convicted and the course of legal proceedings," says Yadollah Movahed. Mr. Movahed did not indicate the exact dates of the executions, the exact charges of the prisoners, or the names of the prisoners. No other Iranian state-run news agencies have reported on these 5 executions. The lack of transparency regarding executions in Iran and the closed space for human rights activists have raised concerns that the real number of executions in Iran are much higher than those recorded by human rights activists. *** 4 Prisoners Executed at Rajai Shahr Prison 4 prisoners were reportedly hanged at Rajai Shahr Prison on murder charges. According to close sources, the prisoners were executed on Wednesday September 20. Iran Human Rights has been able to identify 1 of the prisoners so far: Saman Mohammadian, imprisoned for approximately 7 years before he was executed. These four prisoners were among a group of 13 who were transferred to solitary confinement on Saturday September 16 in preparation for their executions. The other prisoners were returned to their cells after receiving an extension or forgiveness from the complainants on their case files. One of the prisoners who was returned to his cell is Mojtaba Ghiasvand. "Mojtaba Ghiasvand was sentenced to death on murder charges, but he had repeatedly insisted on his innocence, " an informed source tells Iran Human Rights. Iranian official sources, including the Judiciary and state-run media, have not announced these 4 executions. Man Executed on Murder Charges A prisoner was reportedly hanged at Karaj Central Prison on murder charges. According to the state-run news agency, the execution of a prisoner who was only identified as
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Sept. 21 IRAN: Iranian Resistance Call to Save 25 Youth Prisoners at Death RowSome of the convicts were less than 18 years old when committing the attributed crime The Iranian Resistance calls on international authorities, especially the High Commissioner for Human Rights, the Special Rapporteur on the situation of human rights in Iran, and all the defenders of the rights of children and youths to take immediate action to save 25 death row inmates at the youths ward in Ardebil's central prison youth section. According to received reports, from 170 prisoners detained in this prison, 25 are sentenced to death. The rulings for some of them have been verified by the mullahs' Supreme Court. Some of them were under the age of 18 at the time the crime was committed. Meanwhile, on Monday morning, September 18, Shahin Parsajou, 23, and a 40-year-old man were executed in Ardebil Prison. Shahin Parsajou was sentenced to 3 years in jail for being charged with robbery, but following a clash in prison, the regime formed a new case and sentenced him to death. The prisoner was hanged while his hands and feet were in chain. At the request of Ardebil's criminal prosecutor, the henchmen of Ardabil Central Prison, in order to exacerbate the atmosphere of intimidation, forced 50 prisoners to go to the execution area in order to watch the execution of these victims. (source: Secretariat of the National Council of Resistance of Iran) INDIA: PIL asks Supreme Court abolish hanging as death penalty, bring in shooting or lethal injection A petition in the Supreme Court has asked the court to do away with the practice of hanging death row convicts. The petition suggests that methods such as shooting or lethal injection be used instead. The dormant debate on doing away with the practice of hanging death row convicts has revived momentum thanks to a Public Interest Litigation (PIL) filed in the Supreme Court. Petitioner Rishi Malhotra, a Supreme Court advocate, has sought abolition of the present practice of hanging and suggested alternative methods such as intravenous lethal injection or shooting. Holding that hanging involved prolonged pain and suffering compared to the other two suggested procedures, Malhotra quoted earlier judgments of the Supreme Court and recommendations of the Law Commission to bolster his case. The petition said in Gian Kaur vs State of Punjab (1996), the Supreme Court had held that "the right to life, including the right to live with human dignity, would mean the existence of such a right up to the end of natural life. This also includes the right to a dignified life up to the point of death, including a dignified procedure of death. In other words, this may include the right of a dying man to also die with dignity when his life is ebbing out." Drawing a comparison, the petition said while in hanging the entire execution process takes more than 40 minutes to declare a prisoner to be dead, the shooting process involves not more than a few minutes. In case of intravenous lethal injection, it's all over in 5 minutes. Malhotra said the Law Commission's view was that developed as well as developing countries have replaced the execution by hanging with intravenous lethal injection or shooting, "which is most acceptable and humane method of executing death sentence involving less pain and suffering to a condemned prisoner". EARLIER PRECEDENTS Drawing attention to another SC judgment, Deena vs Union of India, Malhotra said in that case it was said the act of execution should be as quick and as simple as possible and free from anything that unnecessarily sharpens the poignancy of the prisoner's apprehension. "The act of the execution should produce immediate unconsciousness passing quickly into the death, should be decent and should not involve mutilation," the SC had said. Malhotra argued that the law panel in 1967 in its 35th Report had also noted the fact that most of the countries has either adopted electrocution, firing squad or gas chamber as a substitute for hanging. He wants the Supreme Court to declare Section 354(5) of Criminal Procedure, which says "when any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead", declared violative of the right to life guaranteed by the Constitution. He also wants that the right to die by a dignified procedure of death should be declared a fundamental right. "Shooting and injecting with lethal poison necessarily involves lesser agony compared to hanging, which involves a torturous procedure of weighing the convict, measuring the height, etc. in order to determine the length of the drop," Malhotra said. The lawyer argues that the execution as contemplated under Section 354(5) of CrPC (hung by the neck till the person is dead) is not only barbaric, inhuman and cruel, but also against resolutions adopted by the
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Sept. 20 INDIA: Death penalty in hooch deaths in UP Cases of hooch deaths could now attract death penalty in Uttar Pradesh. UP cabinet on Tuesday decided to amend the excise act providing for death penalty or life imprisonment in cases of hooch deaths in the state. The decision was taken at the meeting of the cabinet here, official sources said. The decision was taken to deter manufacturing and selling illicit liquor in the state. Hundreds of lives are lost every year in the state from hooch. Sources said that the amount of penalty in cases involving manufacturing illicit liquor had also been substantially hiked. (source: Deccan Herald) BARBADOS: Call made for death penalty research There is a need for research relating to the death penalty and how the general public views this type of punishment in Barbados. This was the consensus after a session that was organised by Michelle Brathwaite, National Human Rights Officer for Barbados and the OECS at the United Nations, and conducted by Dr. Florence Seemungal; Dr. Lizzie Seal, Senior Lecturer of Criminology at the University of Sussex; and Dr. Lynsey Black, a Postdoctoral Research Fellow at the University College Dublin. During the seminar, which was held recently at UN House, the findings of 3 studies that were carried out in Trinidad on homicides in that nation; how the administrators of justice go about administrating their duties; and getting public opinion on the matter were revealed. "The outcome was driven by the profile of the participants. So we had maybe around 26 persons and I would say that maybe around 80 % of the persons are legally trained. So they came with an understanding already of how the death penalty is imposed or not imposed, given the current legislation and case outcomes of the courts, and they came to find out exactly how we conducted the study of the methodology, how it may be applicable to Barbados. In Trinidad we used case characteristics which were typical for Trinidad homicides. "So they looked at all of these nuances and they thought that in general it was important to do the research and that it was even more important to do it in a Barbadian context..." (source: barbadosadvocate.com) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
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Sept. 19 PAKISTAN: In Pakistan, a Text Message Can Lead to a Death SentenceOfficials Lean on Abusive Blasphemy Law to Punish Free Speech In Pakistan, a poem sent over WhatsApp can prove deadly. On September 14, a court in Gujrat district, Punjab province sentenced to death Nadeem James, a 35-year-old Christian, for sending a poem to a friend that was deemed insulting to Islam. James denies ever having sent the message. James isn't the only person in Pakistan condemned to death over a post on social media. In June, Taimoor Raza, 30, was sentenced to death by an anti-terrorism court in Bahawalpur district for allegedly making blasphemous comments during a Facebook chat with someone who eventually turned out be a counterterrorism agent on the prowl. In April 2014, a Christian couple were sentenced to death for sending a blasphemous text message to a local cleric. The couple claimed that they were illiterate and could not have sent a blasphemous text in English. Junaid Hafeez, a university professor, has been imprisoned for nearly four years facing a possible death sentence for accusations of sharing blasphemous material online. Hafeez's lawyer was murdered in May 2014. The abusive nature of Pakistan's blasphemy laws is not new. However, the increasing use of blasphemy provisions to jail and prosecute people for comments made on social media is a dangerous escalation. Many officials are using religious rhetoric and whipping up tensions over the issue of blasphemy. In March, the then-interior minister described blasphemers as "enemies of humanity" and expressed the intention of taking the matter of blasphemers to a "logical conclusion." Although no one has yet been executed for the crime, Pakistan's penal code makes the death penalty mandatory in blasphemy convictions. At least 19 people remain on death row. Even accusations of blasphemy can be deadly. Since 1990, at least 60 people accused of blasphemy have been murdered. Religious minorities are significantly overrepresented among those facing blasphemy charges, and are often victimized due to personal disputes. A death sentence for alleged blasphemy online in a country with low literacy rates and lack of familiarity with modern technology is an invitation for a witch-hunt. Pakistan needs to amend and ultimately repeal its blasphemy laws; not extend their scope to digital speech. (source: Human Rights Watch) ** Death penalty for corrupt people to eliminate corruption: PPP leader Pakistan People's Party (PPP) leader Khwaja Mohammad Khan Hoti has said the government should announce death penalty for corrupt people with the aim of eliminating corruption. Talking to reporters here on Monday, he said that the economy of Pakistan was in a poor shape and the national debt was increasing with each passing day. "The Khyber Pakhtunkhwa Ehtesab Commission set up with the aim to end accountability has failed," he maintained. Referring to the ouster of Nawaz Sharif from the office of the prime minister, he said: "It is only because of the Supreme Court that action was taken against a big fish but there are many others who looted the public exchequer but no action has been taken against them. "The country will become bankrupt if the situation remains the same." Khwaja Hoti, who had resigned from the federal cabinet to protest corruption in the government in the past, suggested amendments to the Constitution like that of China, which hanged the corrupt even if they held high positions. He felt that across-the-board accountability of corrupt people in every institution would purge the society of corruption and develop the country. The PPP leader observed that the rich were getting richer and the poor poorer while the middle class was vanishing. He called for bringing back around 200 billion dollars held by Pakistani nationals in foreign banks to boost the country's economy. He also demanded investigation into all the mega projects initiated by the Nawaz Sharif-led government, including the LNG and Nandipur projects. The PPP leader said the Pakistan Muslim League-Nawaz government couldn???t reduce electricity loadshedding during its 4 1/2 years rule. He said the nation and rulers should not worry about the threats, including those given by US President Donald Trump and said the conspirators in the country could create trouble at home. "Instead of recognising Pakistan's sacrifices against terrorism, the US president hurled threats at us. "The superpower should find out a political solution of the Afghan issue as it cannot be resolved by the use of force," he stressed. (source: thenews.com.pk) MALAYSIA: Mother of 3 nabbed for drug trafficking less than a year after release from rehab centre It must be true what they say, that old habits die hard. But for one 38-year-old woman, it seems these old habits have taken a turn for the worse. On
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Sept. 18 VIETNAM: Vietnam suspends prison staff in wake of death row breakoutThe 2 inmates spent months digging their way out with the guards apparently oblivious. The Ministry of Public Security has suspended 13 guards and supervisors at a prison in Hanoi for letting 2 inmates who were cuffed break out a week ago. They have been held accountable for the escape of death row inmates Le Van Tho, 37, and Nguyen Van Tinh, 28, who shared a cell equipped with surveillance cameras at T16 prison in Thanh Oai District on the capital's outskirts. Both were recaptured in nearby provinces over the weekend after around 400 police officers were deployed. Tinh was sentenced to death in April for heroin trafficking. Tho got the death penalty in May for drug trafficking, murder and fraud. An investigation has found that Tho did most of the work by hiding a small piece of iron in his anus and using it to dig a hole in the wall of their cell over the space of several months. The 2 disguised the hole using rice mixed with toothpaste, they said. Tho is also a professional locksmith and was able to uncuff himself before helping Tinh. They climbed out of the prison using a rope. Investigators from the country's top prosecution agency have already opened a criminal investigation, accusing guards and supervisors at the prison of "neglecting responsibility resulting in the escape of detainees", which carries up to 10 years in jail. In October 2001, 13 officers and guards at a prison in Hanoi also received punishments ranging from official warnings to demotions after 2 death row inmates escaped. One was recaptured after a week and the other after 17 days. (source: vnexpress.net) INDONESIA: Escaped Prisoners Face Death Sentences Police stated that the 4 prisoners who escaped the West Jakarta Metro Police custody would be subjected to layered articles and face the death penalty. Head of Public Relations of Jakarta Metro Police, Senior Commissioner Argo Yuwono, on Sunday (9/17/2017) urged the remaining 4 prisoners to surrender themselves. He is also convinced that they would be immediately apprehended. "On this occasion I urged the prisoners to turn themselves in as soon as possible to West Jakarta Metro Police or to the nearest police station," said Yuwono. As reported, 8 prisoners escaped from West Jakarta Police custody by sawing off the iron railings in Room 14 of West Jakarta Police Station, Saturday (9/16). Currently, police have captured 4 out of the 8 prisoners, Yocke Arya Winta and Bagas Fathiong Ramadhan bin Joko Susilo were injured, while Yudi Rohmansyah bin Rohman and Franco Graizani Julizar bin Leo Francis were shot dead for trying to fight of the police. West Jakarta Metro Police assisted by Jakarta Metro Police have formed 7 teams to capture Abbi Isa bin Muhamd Nur, Thio Erwin Gunawan, Kurniawan bin M Idrus, and Ramlan bin Satin who are still at large. (source: netralnews.com) MALAYSIA: Calls For Death Penalty For Those Who Started Tahfiz School Fire, Victim's Father Says It Is Inappropriate The aftermath of the tragic fire accident that occurred at the Darul Quran Ittifaqiyah tahfiz school led to plentiful of Malaysians debating over especially over just punishment following the news of 7 youths arrested for suspected arson. Amidst the sea of criticism and anguish, Malaysian Digest queried a few members of the public in light of the arrest and found that majority are calling for the suspects to be sent to the death row whilst criticising the parents of the suspects. "An eye for an eye - they deserved the death penalty for taking 23 lives away from the loved ones," one frustrated citizen opined and questioned where are the parents in this matter. "They should be hanged to death for their crime. Because of petty teasing, they succumb to murder. How were these animals raised?," another distraught citizen relayed. "As cruel as it is, they are deserving of the death penalty - but their sentence is no more vicious than what they have done. Their punishment will remind people that taking lives is never permissible," one citizen lamented. While Malaysians are grief-stricken, it is safe to say that our pain pales in comparison with the family of the victims, as Noorazlina Bakry emphasised that she will not forgive those who are responsible for the demise of her 11-year-old son. "I do not want to meet with them, I do not want to look at their face. I will never forgive them for their crime," the 36-year-old mother tearfully communicated to Berita Harian. "I hope justice will be served. Let them serve a life prison sentence. What kind of person would have the heart to commit such transgression ... towards those who are enrolled in a religious school no less." Meanwhile Harian Metro reported that a 46-year-old father of one of the perished victims underlined that the death penalty is an
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Sept. 17 JAPAN: Death-row inmate jailed for killing 4 people in 2002 dies of illness A death-row inmate convicted of killing 4 people in 2002 has died of illness at a Tokyo detention center, the Justice Ministry said Sunday. Tetsuo Odajima, 74, was pronounced dead at 10:30 p.m. Saturday after losing consciousness. He had suffered esophageal cancer and been treated at the detention facility, the ministry said. Odajima and an accomplice strangled the wife and daughter of Takaichi Mabuchi, who at the time was president of Mabuchi Motors, after breaking into their home in Matsudo, Chiba Prefecture, in August 2002. After stealing hundreds of thousands of yen in cash and jewelry items, Odajima set fire to the house. Odajima and Katsumi Morita also killed a 71-year-old dentist in Meguro Ward, Tokyo, in September 2002, and the wife of a discount ticket shop operator in Abiko, Chiba Prefecture, in November of that year in murder-robbery cases. According to the ministry, Odajima was diagnosed with esophageal cancer around January this year. As he refused medical treatment, he had been receiving nutritional support and administered pain relief medication. The Chiba District Court handed down the death penalty to Odajima in March 2007. Although he once appealed to a high court, he dropped the motion in November that year and the ruling was finalized. The district court also sentenced Morita to death in December 2006, and the decision was upheld by the Tokyo High Court in March 2008. K (source: japantimes.co.jp) VIETNAM: Death row inmates arrested after a week on the run in VietnamSuspicion is hanging over the prison guards who allowed them to escape. Vietnamese police have arrested 2 death row convicts who escaped from a Hanoi prison a week ago. Nguyen Van Tinh, 28, was arrested in Hoa Binh Province which neighbors the capital in the early hours of Sunday. His accomplice Le Van Tho, 37, was arrested 8 hours earlier while taking a taxi in Hai Duong Province, around an hour's drive from Hanoi. Tinh was sentenced to death in April for heroin trafficking. Tho received the death penalty in May for drug trafficking, murder and fraud. Both have appealed their sentences. They shared a cell in Thanh Oai District on the outskirts of Hanoi which they broke out of on the night of September 10 during heavy downpours. An investigation found they managed to unlock their cuffs, make a hole in the wall of their cell and climb out of the prison using rope. They took a motorbike from a relative in Hanoi and fled the city, and were first spotted in Ha Long 3 nights later. Vietnam's top prosecutors have ordered an investigation into the role the prison guards played in the breakout. (source: vnexpress.net) IRANexecution Man Hanged on Murder Charges, Authorities Silent A prisoner by the name of Abuzar Ghadami was reportedly hanged at Shiraz's Adel Abad Prison on murder charges. According to the human rights news agency, HRANA, the execution was carried out on the morning of Monday September 11. Iranian official sources, including the Judiciary and state-run media, have not announced Abuzar Ghadami's execution. (source: Iran Human Rights) IRAQ: Iraqi Prime Minister: German Teen Runaway Could Face Death Penalty Iraq's prime minister says the teenage German girl found in Mosul last month who ran away from home after communicating with Islamic State group extremists online is still being held in a Baghdad prison. Speaking to The Associated Press in an exclusive interview Saturday, Haider Al-Abadi says Iraq's judiciary will decide if the teen will face the death penalty. "You know teenagers under certain laws, they are accountable for their actions especially if the act is a criminal activity when it amounts to killing innocent people," he said. 16-year-old Linda W. ran away last summer from her hometown of Pulsnitz in eastern Germany. She was found in the basement of a home in Mosul's Old City by Iraqi forces who are driving IS militants from the city. (source: Associated Press) EGYPT: Criminal court set to sentence Libyan Da'ish members to death penalty Cairo Criminal Court referred the papers of 7 defendants in the "Da'ish Libya" case, Saturday, to Grand Mufti Shawky Allam, before sentencing them to the death penalty. The court set the final verdict date as October November 25 for the 20 defendants. A referral to the mufti is required in the Egyptian court system ahead of death sentences, even though the mufti's opinion is advisory not binding. Prosecution referred the defendants to trial court last year for forming a terrorist cell affiliated to the "Islamic State (IS)" faction in Libya, alleging that a number of the defendants were involved in the beheading of 21 Egyptian Coptic Christians. The defendants face accusations of "violence and vandalism, resisting authorities and
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Sept. 16 EGYPT: Egypt court sentences 7 IS affiliates to death An Egyptian court on Saturday has sentenced 7 members of the Islamic State (IS) to death over charges of murder and violence, official news agency MENA reported. The defendants were accused of joining IS military training camps in Libya and Syria and the beheading of 21 Egyptian Christians working in Libya. The crime of slaughtering the Egyptian workers was filmed by the group and released in February 2015. Explosive devices as well as CDs featuring military training of IS militants were seized in their possession. The court has referred the case to Grand Mufti, the country's highest Islamic official who will give the religious judgment of all preliminary death sentences. The Mufti's opinion is non-binding as it is usually considered a formality, but his final opinion could reduce the penalty. The court will give its final sentence against another 13 accused with the same charges in Nov. 25. Egypt has been battling a wave of terrorist attacks, centered mostly in North Sinai since the army-led ouster of the Islamic leader Mohamed Morsi in 2013. The Islamists said the attacks that targeted security men and Coptics were in revenge of the crackdown against Morsi's supporters and the Christians loyalty to the army. (source: xinhuanet.com) PAKISTAN: Pakistani Christian sentenced to death for sending Islam-insulting poem via WhatsApp A Pakistani Christian has been handed a death sentence for allegedly sending a poem insulting Islam, in particular Prophet Mohammed, to a Muslim friend via WhatsApp. The friend reported him to police, annoyed by the Christian man's affair with a Muslim girl, the defendant's lawyer said. "[Nadeem] James was handed a death sentence by the court Thursday on blasphemy charges," James' defence lawyer Anjum Wakeel told AFP Friday. Wakeel said James will "appeal the sentence in the high court as he has been framed by his friend [Yasir Bashir] who was annoyed over James' affair with a Muslim girl." James was held inside the prison for safety reasons as local Muslim clerics repeatedly threatened his family, the lawyer added. The story of James from the town of Sarai Alamgir in Punjab province hit the headlines in summer 2016. James, 28, is "illiterate and works as a tailor", according to the Rescue Christians charity group which fights persecution of Christians. The group said Pakistani police also "intimidated" James's family and arrested his sisters-in-law. "They were threatened with prosecution if they did not give up their brother," the group said, adding that the women were later released. In July 2016, James shared the details of the incident to the Rescue Christians group. "... One of my friends sent me a WhatsApp message. I forwarded it to the Muslim friends as I was not educated and unaware of the contents written in the messages. [Now] they are after me to kill me as they believe that I have committed blasphemy against their prophet," he stated. The victim is believed to have been taken to Lahore for treatment. The man continued, saying his Muslim friends "wanted to kill him" and sent a complaint to police who later raided his home and eventually arrested him. "Nadeem is uneducated and could not have possibly sent that text message. I'm certain that Yasir Bashir downloaded the supposedly blasphemous text onto Nadeem's phone and then forwarded it to his cell number to build a case against my brother," the man's sibling Shahbaz James, told the Morning Star News, an independent news service focusing on persecution of Christians. The charge of blasphemy can carry heavy sentences in Pakistan. According to Amnesty International, "Pakistan's blasphemy laws are often used against religious minorities." A 2016 Amnesty report "shows how once a person is accused, they become ensnared in a system that offers them few protections, presumes them guilty, and fails to safeguard them against people willing to use violence." (source: rt.com) HR Ministry to prepare proposal for seeking presidential pardon for most deserving prisoners Special Assistant to Prime Minister Zafarullah Khan Friday directed Ministry of Human Rights to prepare proposal for seeking presidential pardon on humanitarian grounds of highly deserving cases, as per law. He directed this in a consultative meeting chaired by him in the Ministry of Law & Justice to consider possible legislative reforms in criminal justice system of Pakistan. The meeting was attended by senior representatives of Ministry of Interior, Human Rights, Foreign Affairs, Narcotics Control Division, and Law & Justice, said a press release here on Friday. The SAPM stated that another proposal should be prepared for the prisoners involved in minor offences to engage them in community services for their social reintegration instead of keeping them in
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Sept. 15 IRANexecutions Unidentified Man Hanged in Public in Front of Crowd of People A prisoner was hanged in public in the city of Eslamabad-e Gharb (Kermanshah province) on murder charges. Photos published from the public execution shows children among the crowd of people who watched the hanging. According to a report by the state-run news agency, Mehr, the execution was carried out on the morning of Tuesday September 12. The report does not mention the name of the prisoner, but identifies his age as 27. The research of Iran Human Rights shows 34 people were hanged in public in Iran in 2016; and an audience of hundreds of people, including children, were present for most of these hangings. Human rights activists and informed membes of civil society have always severely criticized this issue. ** Prisoner Hanged in Public While Crowd Watched A prisoner was hanged in public in Salmas County (West Azerbaijan) in front of a crowd of people. According to a report by the state-run news agency, Javan, the public execution was carried out on the morning of Thursday September 14. This report did not identify the prisoner's name, but the Center for Democracy and Human Rights of Kurdistan has identified the prisoner as Davoud Hajizadeh. The research of Iran Human Rights shows 34 people were hanged in public in Iran in 2016; and an audience of hundreds of people, including children, were present for most of these hangings. Human rights activists and informed membes of civil society have always severely criticized this issue. (source for all: Iran Human Rights) BOTSWANA: Death row inmates' last plea for life After months of postponements, 2 Gantsi farmhands convicted of a gruesome 2014 murder, today make their final pleas for mercy to convince Justice Abednego Tafa not to impose the death penalty on them. Tshiamo Kgalalelo and Mmika Mpe were earlier this year convicted of abducting, robbing and killing their employer, Reinette Vorster, before stealing her motor vehicle and burning her inside it. Attorneys, Themba Joina for Kgalalelo, and Archibald Gijima for Mpe, are due to submit extenuating and mitigating factors in favour of their clients, in an effort to stave off the death penalty. Yesterday, an insider close to the case told Mmegi that the lawyers had already submitted written mitigating and extenuating circumstances in the past 14 days and as such, there was no room for any further delays in the matter. "The mitigating and extenuating circumstances have been already filed as Judge Tafa had ordered, and we are hopeful that this time around there will be some progress. We expect defendants to mitigate verbally today and we also expect at the same time that there won't be long presentations because the arguments have already been filed," the source said. The case has dragged since the guilty verdict was announced earlier this year, with Tafa growing exasperated by the frequent glitches. Mitigation and extenuation was due to have been done on June 28, but failed after Joina did not appear, triggering a stern warning from Tafa. It is reported that anti-death penalty groups are closely following the case with a view to jumping in should Tafa send the duo to the gallows. (source: mmegionline.com) VIETNAM: Vietnam's graft trial: Defense lawyer blames ousted Party bigwig for sanctioning backyard banking servicesThe lawyer says Dinh La Thang enabled scandal-hit OceanBank to function as the de facto internal institution for PetroVietnam. The defense lawyer of a former PetroVietnam chairman facing the death sentence in a massive graft trial has said his client just enforced the executive orders already sanctioned by a recently dismissed high-ranking official who then headed the state energy giant. Prosecutors on Thursday sought the death penalty for Nguyen Xuan Son, who was Petro Vietnam's chairman from 2014 until he was arrested in 2015, on charges of embezzlement. Son was also charged with abuse of power and economic mismanagement. The proposed sentence came as the OceanBank trial, with 51 bankers and businessmen in the dock, was halfway through its expected 20-day duration, opening a can of worms in one of Vietnam's toughest corruption crackdowns of which PetroVietnam and the banking sector have been at the center. Son was the CEO of OceanBank between 2008 and 2010, during which time PetroVietnam became a major shareholder. The 55-year-old, who had held various executive positions at PetroVietnam from 2003, is accused of pocketing around $11 million from the bank. He was charged with abusing his power to railroad OceanBank into forking out illegal interest payments in pursuit of personal gains. According to prosecutors, more than 50,000 individuals and nearly 400 businesses and organizations have been identified as the beneficiaries of such interest payments worth $70.4 million
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Sept. 14 VIETNAM: Vietnam seeks death penalty for embezzlement by ex-chairman of state energy firm Prosecutors in Vietnam on Thursday said they were seeking the death sentence in an embezzlement case against a former chairman of state energy firm PetroVietnam, as the communist country steps up one of its biggest corruption crackdowns. Some high-ranking political officials have been punished as investigations widen into PetroVietnam and the banking sector, with dozens of banking and energy officials facing trial on charges such as embezzlement, mismanagement and abuse of power. In a statement, the Supreme People's Procuracy of Vietnam said it had sought a death sentence for the former chairman, Nguyen Xuan Son, on charges that include wrongdoing with serious economic consequences and abuse of power to usurp assets. It urged "an overall penalty of death", listing punishments such as a jail term of 16 to 18 years for flouting state rules on economic management and life imprisonment for abuse of power, before seeking the "death sentence for embezzlement". In 2009, PetroVietnam acquired an 800-billion-dong ($35-million) stake in Ocean Group's banking unit, Ocean Bank, which had to be completely written off in 2015, when the central bank took it over at no cost. Son could not be reached for comment as he is on trial, and Reuters could not immediately reach his lawyer. Prosecutors also sought life imprisonment for Ocean Group???s founder, tycoon Ha Van Tham on charges ranging from embezzlement to abuse of power, the statement said, adding that dozens of other Ocean Bank staff could also face years in jail. Ocean Group, which has interests in real estate, finance, hotels and infrastructure, said it had no comment on the sentence sought for Tham, who cannot be reached as he is still on trial. Police opened 3 new cases against state firm units, among them Russian joint venture Vietsovpetro, Vietnam's sole refinery operator Binh Son Refining and Petrochemical, and PetroVietnam Exploration Production Corp. All three cases focus on alleged abuse of power to usurp assets and are linked to violations at Ocean Bank, Vietnam's police said in a statement on their website on Thursday. Police added another accusation of abuse of power against PetroVietnam's vice general director Ninh Van Quynh, they added, following his arrest and prosecution this month for alleged wrongdoing. (source: Reuters) Death row inmates stage jail-break in HanoiPolice are tracking down the 2 men who escaped 4 days ago. Police in Hanoi have launched a manhunt for 2 death row inmates who escaped from solitary confinement in Thanh Oai District last Sunday. Sources from the Ministry of Public Security only confirmed the jail break on Wednesday, calling it a rare incident. People held in solitary confinement in Vietnam are supposed to have their legs cuffed. Nguyen Van Tinh, 28, was sentenced to death in April for heroin trafficking. Le Van Tho, 37, received the death penalty in May for drug trafficking, murder and fraud. Both have appealed their sentences and were awaiting retrial. (source: vnexpress.net) IRAQ: Russian who joined ISIS in Iraq sentenced to hanging A man who left Russia to join ISIS in Mosul was sentenced to death by hanging in Iraqi court - the 1st such ruling on a foreign fighter, according to a new report. The unnamed foreign fighter was captured after the fall of the ISIS-held city in July, along with hundreds of suspected jihadists, including German teen-bride Linda Wenzel, Telegraph UK reported. Authorities said the 28-year-old Russian man was the 1st fighter to surrender when Iraqi forces recaptured Mosul, and that he admitted to "carrying out terrorism operations," since 2015. He said he discovered Islam in Moscow when construction workers introduced him to the religion and, after getting a degree in engineering in 2014, traveled to Turkey with the intention of entering Syria to join ISIS. It is estimated that as many as 7,000 people have left Russia and other former Soviet states to join ISIS in Iraq and Syria. The Russian's death sentence could set a deadly precedent for others captured alongside the bloodthirsty jihadists - including the 16-year-old "Belle of Mosul." Wenzel's case garnered attention after pictures and videos of her looking disheveled as she was being led out of the Iraqi city were published. She faces the death penalty but even if she is sentenced to death, she would not be executed before the age of 22. As many as 5,000 men are awaiting trial in Mosul, judges told the outlet and 27 ISIS fighters were sentenced to death by hanging last month in Baghdad. In 2016, Iraq executed more than 88 people, topped only by Saudi Arabia, Iran and China. Russian who joined ISIS in Iraq sentenced to hanging (source: nypost.com) INDIA: Madikeri: Cyanide Mohan, on death
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Sept. 13 INDONESIA: Drug dealer sentenced to death in Medan The Medan District Court has declared Irwantoni, 38, guilty and sentenced him to death for his involvement in the delivery of 270 kilograms of sabu-sabu (crystal methamphetamine) from China. The sentence was in accordance with what prosecutors sought. In the verdict hearing held on Wednesday, presiding judge Saryana said Irwantoni was proven to have sent the drugs from China to Dumai, Riau and Medan, North Sumatra, violating the 2009 Narcotics Law. "We sentenced the defendant with the death penalty," Saryana said. Besides Irwantoni, 4 defendants - Daud aka Athiam, 47, Ayau, 40, Lukmansyah Bin Nasrul, 36, and Jimmi Syahputra Bin Rusli, 27 - were handed the death penalty in previous hearings in the case for their involvement in the delivery of the drugs. The delivery of the crystal meth was thwarted by personnel of the National Narcotics Agency (BNN) on Oct. 17, 2015. Meanwhile, personnel of the BNN's North Sumatra branch shot dead an alleged drug dealer on Jl. Medan-Binjai KM 16, Sunggal, in Deli Serdang regency on Tuesday evening. The alleged dealer was believed to be part of the Medan-Binjai-Palembang drug network. "We shot dead 1 person and arrested 4 others. We seized 12 kilograms of sabu-sabu from the network," BNN North Sumatra head Brig. Gen. Andi Loedianto said on Wednesday. (source: The Jakarta Post) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
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Sept. 13 TANZANIA: I cannot 'execute' convicted murderers - Tanzania's president declares Tanzanian President John Magufuli has stated clearly that he cannot assent to an execution of the death penalty which is legal in the East African country. He said on Monday during the swearing in of Chief Justice Ibrahim Hamis Juma in Dar es Salaam, that he cannot make that "difficult decision" on the execution of convicted murderers. "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. Tanzania's Penal Code, Cap 16 stipulates the death penalty for serious offenses like murder and treason. According to the Tanzanian NGO Legal and Human Rights Center (LHRC), 472 people were sentenced to death in 2015 and among them are 20 women. The Executive Director of LHRC, Dr Hellen Kijo-Bisimba, commended the president for his stance but demanded that he goes further to abolish the penalty. "We need the abolition of this penalty due to the fact that it can???t be implemented; in this case, it should be wise for the judges to change punishment from death to life imprisonment or sentenced to 30 and above years in jail," she was quoted by local media Azania Post. Only about 20 countries countries have abolished the death penalty with Egypt, Libya, Nigeria, Somalia and Sudan still practicing executions. Tanzania last executed a convict in 1994. ** Rights Body Commends Magufuli's Stance On Death Sentence The Legal and Human Rights Center (LHRC) has commended President John Magufuli's stance on the execution of a death sentence. During the Swearing in of the Chief Justice (CJ) Prof Ibrahim Juma at State House on Monday September 11, President Magufuli said he is not going to sign any death penalty certificate. The LHRC Executive Director, Dr Hellen Kijo-Bisimba, said the Head of State's statement was encouraging, however, he should influence changes of the law to abolish the punishment or provide lighter ones. "The 3rd and 4th phase president's position on death sentence was known in spite of the fact that they didn't declare publicly. President Magufuli has publicly declared his position, but he should go beyond that," she said adding: "The Head of State should influence changes to relieve judges and magistrates with difficulties they at the time of making rulings." Meanwhile, LHRC has condemned assassination attempt against Singida East MP on Chadema ticket Tundu Lissu. Dr Bisimba said Mr Lissu's attack has raised concern on the country's security. The rights group has recorded a total of 37 peace threatening incidents since 2015. Therefore, she suggested that an independent commission of inquiry should be formed by the Parliament and international organs to comprehensively investigate the matter. "Also, people implicated in previous attacks should be arrested and prosecuted. The legal profession should be left to freely fulfill its duties and that clerics should condemn attacks with all efforts," she said. Mr Lissu who is also the President of the Tanganyika Law Society (TLS) and Opposition Chief Whip is now admitted at the Aga Khan Hospital in Nairobi Kenya where he was referred after surviving gunshots. (source for both: africanews.com) MALDIVES: UN urges independent judiciary for Maldivians The United Nations had called out for a transparent and indiscriminate judicial system in Maldives. Speaking during the 36th session of the Human Rights Council of UN, the High Commissioner for Human Rights Zaid Ra'ad Al Hussain confirmed of receiving several complaints and concerning reports of Maldivians being stripped from their constitutional rights and civil liberties. He expressed his grave concern regarding the matter. He also stressed his concern regarding the dubious conduct of other judicial bodies and authorities in Maldives - in which he emphasized the breach of Maldives National Defense Force officials into parliament chambers and disqualification of lawmakers under absurd conditions. Hussain had once again reiterated his call to Maldives not to re-commence death penalty as capital punishment. (source: avas.mv) LEBANON: Death penalty calls for Hamoush killer Beirut's 1st investigative judge, Ghassan Oweidat issued an indictment Tuesday in the murder case of Roy Hamoush, requesting the death penalty for the perpetrators. Mohammed Al-Ahmar and 2 others were arrested shortly after killing the 24-year-old student. Hamoush was shot dead on the Dora highway, north of Beirut, in early June. That night, Roy had just finished celebrating his birthday and was headed home with a friend when a traffic dispute broke out between them and 3 armed men in a BMW. Adnan Jamal Ghandour and Hani Mohammed Al-Mawla have also been charged with attempted murder. (source: The
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Sept. 12 FRANCE: France's final guillotine: 40 years since the end of the death penalty On September 10, 1977, 40 years ago this week, France conducted its last execution. 4 years later capital punishment was abolished, thus ending the reign of the guillotine. The man who was executed was Tunisian immigrant, Hamida Djandoubi. He was found guilty of torturing and killing a woman in Marseilles, France. It's said that he lit her on fire, then strangled her and left her body in the countryside. Djandoubi was believed to have been a depressed man who had lost part of his leg in an accident. The case generated a great deal of attention throughout France. But despite Djandoubi's confession, the jury determined that there were no extenuating circumstances and he would go to the guillotine. Over the centuries, there were many versions of execution, but the most infamous was the French guillotine. The 1st person to have his head chopped off was highwayman Nicolas Jacques Pelletier in 1792. The execution was considered to be a success and the guillotine was continued to be used on political prisoners, the highest profile being King Louis XVI on January 21, 1793. During the "Reign of Terror" from 1793 to 1794 the guillotine was taking heads sometimes at a rate of 300 a day. The last public execution by guillotine was in 1939. Djandoubi was the last execution, earning himself a place in history. (source: euronews.com) BELARUS: Belarus should decide on death penalty on its own Belarus should decide on the issue of death penalty independently, Ivan Simonovic, a delegate of the non-governmental organization International Commission Against the Death Penalty, told the media, BelTA has learned. A group of international death penalty experts is in Grodno on a visit on 12 September. "We did not come here to tell Belarusians what to do. Belarus should deal with this issue on its own. We are visiting Belarus' regions and discussing death penalty issues as we meet with representatives of civil society, academic community, and local authorities," Ivan Simonovich remarked. According to the professor, the delegation comprises international experts of different levels. They have already met with high-profile officials of the Grodno Oblast Executive Committee and local deputies. The delegation is set to talk with students and professors of Yanka Kupala Grodno State University and hold a press conference. Read full text at: http://eng.belta.by/society/view/opinion-belarus-should-decide-on-death-penalty-on-its-own-104793-2017/I (source: BelTA) IRANexecution Man Hanged on Murder Charges Iran Human Rights has obtained information about an execution that was carried out in Iran in late August. According to close sources, a prisoner was hanged at Shirvan Prison (northern Khorasan) on Sunday August 27 on murder charges. Close sources have identified the prisoner as Farrokh Hamadollahi. "On July 2, 2012, Farrokh got involved in a fight in order to defend his cousin. During the fight, he shoved an individual to the ground, and the individual died after his head hit on the concrete pavement. Farrokh repeatedly insisted that he did commit an act of murder, but the authorities sentenced him to death anyway," an informed source tells Iran Human Rights. Iranian official sources, including the Judiciary and state-run media, have not announced Farrokh Hamadollahi's execution. At the present time, there are roughly 750 prisoners in Shirvan Prison who are held under deplorable conditions. (source: Iran Human Rights) SAUDI ARABIA: Execution looms for teen tortured to "confess" to protest-related crimes A young Saudi Arabian Shi'a man who claims he was tortured to "confess" alleged crimes committed when he was 16 years old faces imminent execution, in the latest shocking example of Saudi Arabia's ruthless clampdown on dissent, said Amnesty International today. The family of Abdulkareem al-Hawaj, now 21, were yesterday informed that the Supreme Court upheld his death sentence for his alleged role in anti-government protests. He has now exhausted all his appeals and faces execution as soon as King Salman ratifies his sentence, which could happen at any time. Al-Hawaj, who was sentenced to death in July 2016 after a grossly unfair trial, denies participating in any of the acts attributed to him. "Saudi Arabia's vicious crackdown on dissent appears to know no bounds. Its latest victim, a child at the time of his alleged crimes, now faces death at the hands of a repressive regime that uses the death penalty as a tool to crush dissent," said Lynn Maalouf, Middle East Research Director at Amnesty International. "From his arbitrary arrest, to his torture in detention and unfair trial, the conviction of Abdulkareem al-Hawaj has made a mockery of justice. King Salman must step in to quash this sentence and order a
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Sept. 11 MALAWI: International community rattled by Malawi muslims' call to kill gays The international community is abuzz with reports that the Muslim Association has proposed the death penalty for homosexuals in Malawi. The anti-Jihad Website Jihad Watch quoted local media which quoted Muslim Association of Malawi (MAM) spokesperson Sheikh Dinala Chabulika calling for gay people to be condemned. The Jihad Watch article is currently making rounds on Twitter and is the current most salient result on Malawi on Twitter at the time of publication. Sheikh Chabulika was quoted in an article published by a fortnightly newspaper 'Mkwaso' dated 1st-14th September 2017. In the article, Chabulika stated that homosexuality is not only against the Islamic teachings and religion but also an abomination and therefore emphasized that those practicing it be executed. He further emphasized that as the Muslim Community, they will never change their stand on the matter that homosexuals need to be handed death penalty as a way of making sure that the issue is curbed. Chabulika was also responding to the call by Malawi government through the Malawi Human Rights Commission (MHRC) on the need to conduct a survey to sort views of Malawians on Homosexuality practice which is under the LGBTI (Lesbians, Gays, Transgender and Intersex). The Sheikh said the Inquiry is 'unnecessary'. In response to Chabulika's calls, Malawi Network of Religious Leaders Living with or Personally Affected with HIV and Aids (MANERELA) Human Rights Activist Allie Mwachande described the sentiments as a 'big shame'. "This is a very big shame! If they say homosexuals must be killed is he [Chabulika] himself ready to kill? Because if he is ready then he should tell us when and where he will do that" said Mwachande. He added: "As a human rights campaigner, I meet different people and I know some of the Muslims who are within the LGBTI Community. Some are even from Mangochi where him and I all come from...will he be happy to see his brothers and sister killed?". Mwachande further reminded Sheikh Chabulika as a man of Allah to always preach love in order to serve the souls of the so called 'worst sinners'. "As a Sheikh, he should always preach about love without looking at the sexual orientation, tribe, colour, cultural beliefs etc. Jesus and Mohammed both preached about love and the Bible and Quran [sic] still tells us to love one another" explained Mwachande. The most revered prophet in Islam, Muhammad is quoted in the Hadith as specifying the punishment for gays: "The Messenger of Allah (peace and blessings of Allah be upon him) said, 'Whoever you find doing the action of the people of Loot, execute the one who does it and the one to whom it is done.'" (source: The Malavi Post) MALAYSIA: Lawyer: Wrongful conviction makes the case for death penalty repeal The case of a young Thai woman who is on death row demonstrates why the death penalty should be repealed in Malaysia, says a lawyer with the National Legal Aid Foundation. In a report by the Asian Correspondent, Samantha Chong spoke about how the Thai national was in Malaysia, and was waiting at a bus station platform and her friend had left a bag beside her. She happened to be then questioned by police who asked her if the bag was hers, and she had replied that it was not. "Despite her denial, she was arrested and charged with drug trafficking after the bag was found to contain heroin. "During the trial, the defendant claimed that her statement had allegedly been falsified by police to say she claimed ownership of the bag," Chong was quoted as saying. Chong added that the defendant's lawyer had not properly presented her defence in court and as a result, she was convicted and sentenced to death. According to Chong, this is not an uncommon incident, and that all the "finding of facts" decided in the trial at the High Court is normally "not disturbed" when the case is heard on appeal. "If you are convicted at the High Court, your fate is almost sealed. The Federal Court's judgement is simple, 'You should have presented this new argument at the High Court' and so they will disallow it. "As the process of law stands, if the defence wants to challenge facts, the lawyer must ask the questions during cross examination in the 1st trial, and not present new facts on appeal," Chong said in calling for an end to capital punishment as there could be other cases of wrongful conviction leading to an innocent person facing the gallows. Speaking at the Freedom Film Festival in Kuala Lumpur recently, Chong also said many of those convicted do not understand their rights and, in some cases, don't even know what they are being arrested for. "Many people on death row do not have good legal representation," Chong was quoted as as saying by Asian Correspondent. "Around 50% of them are migrants which raises
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Sept. 9 ICELAND: Iceland gripped as infamous 1828 murders head for 'retrial'Deaths of 2 men to be re-examined under modern court rules. It was on 14 March, 1828 when residents on Iceland's remote farm of Stapakot were awoken by a maid from a neighbouring property, who burst in to tell them 2 men were trapped in a fire. But the men were already dead - clubbed with a hammer and stabbed 12 times before the house was set ablaze with shark oil. Despite taking place almost 190 years ago, it's a crime that Icelanders have never forgotten, since the convicted killers were the last people ever executed in the country. On Saturday (9 September), the case is set to grip Iceland once more as it is re-analysed by a mock court, Associated Press reports. The retrial, conducted under modern rules before a 3-judge panel, may shed light on the motivation for the slayings, the fairness of the original proceeding, and whether the 2 maids - Agnes Magnusdottir and Sigridur Gudmundsdottir - had been abused by the men they eventually killed. The case has sparked endless speculation, a feature film and a pop song. The tenth book in Icelandic about the murders is set to be published and a documentary is in production. Seats for the retrial have long been sold out. It will be held at the community center in Hvammstangi, a northwestern village near the murder scene, and will use handwritten court records from the 1828 case, which have been preserved in the National Library. One of the judges - David Thor, a former judge at the European Court of Human Rights - told Associated Press that the original trial nearly 200 years ago did not address the motivation for the killings. It's not clear why Natan Ketilsson, a self-taught doctor, and his guest were killed. "No one cared about the motivation behind the murders - that wouldn't happen in a modern court," he said. "Today we would try to understand the motivation behind the murders and particularly how the 2 women, who had no other place to live, were treated by their master." The 2 maids said the act was masterminded by Fridrik Sigurdsson, a 17-year-old who held a grudge against Ketilsson. He and Magnusdottir, 32, were put to death for their role in the killings. The other maid, a 16-year-old, was sentenced to life in prison in Denmark. The case highlights differing attitudes toward capital punishment. In modern Iceland, the usual prison sentence for murder is 16 years or less. But in 1828, officials successfully argued for the death penalty, which had not been imposed in decades. An axe was imported from Denmark to carry out the penalty and the brother of 1 of the victims was chosen as executioner. Every farm was instructed to send a male representative to witness the event and afterward the decapitated heads were jammed onto a stick for public viewing. Author Hannah Kent achieved international success with her novel "Burial Rites," which depicts the crime through the eyes of Magnusdottir, who was convicted of killing the 2 men and burning their bodies. Kent, who said the case is still constantly in her thoughts, hopes the retrial may provide some insight. "If the murders really were premeditated, I would want to know if something went wrong or if maybe this all happened more in the moment," she said. "Because to me, it has always seemed like a particularly clumsy murder." She said readers have often asked her what the outcome of the case would be if it were tried under today's rules. "I have never really been able to give them an answer until now," she said. (source: Associated Press) INDIA: Around 50 face death sentence in Maharashtra With 2 former aides of Karachi-based underworld don Dawood Ibrahim getting death sentences in the 12 March 1993 serial blasts case, the list of the convicted criminals facing death sentences in Maharashtra is around 50. Pakistani national Mohammed Ajmal Kasab and Mumbai resident Yakub Memon are the two persons from Maharashtra who had been hanged to death in the last 2 decades. Kasab was among the group of 10 Pakistanis and the only one to the caught alive during the 26-29 November 2008 terror attacks in Mumbai. His clemency plea was rejected by the President. He was hanged to death at the Yerawada jail in Pune on 21 November 2012. Yakub Memon, who played a key role inthe March 12, 1993, serial blasts in Mumbai, was hanged to death in the Nagpur prison, on 30 July 2015. According to Prison Statistics 2014 brought out by the National Crime Records Bureau (NCRB), there are a total of 318 persons including 8 women on death row across the country of which 36 including 3 women are from Maharashtra. However, between 2015-17, capital punishments have been given to convicts - which include the accused of the Shakti Mill rape incidents and the 7/11 serial train bombing. In April 2014, 3 youth Vijay Jadhav, Mohammad Qasim Shaikh and Salim
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Sept. 8 SINGAPORE: Singapore decried for 'harassment' of anti-death penalty activists Singapore should end harassment of peaceful activists, Human Rights Watch has said, after participants at a candlelight vigil for a man being executed for drug trafficking were stopped from leaving the country. On July 13, about 10 people, including opponents of the death penalty and relatives Prabagaran Srivijayan, 22, attended the vigil outside Changi Prison in support of the man, who was to be hanged early the next morning. The man, who was executed on July 14, was convicted of trafficking 22.4 grams of heroin into Singapore. During the vigil, participants said they were approached by police and told that a police report had been filed and that they were to remove the candles. The police removed the candles and photographs of Prabagaran but the participants say they were not asked to disperse. Assemblies and processions for a cause in public places without a permit is a criminal offense in Singapore. Anyone convicted of organizing such an assembly faces penalties of up to S$10,000 ($7,440) in fines and up to 6 months in jail. The Singapore government has said that the law is required to provide for the individual's rights for political expression without compromising on "order and safety". Among those at the vigil were a journalist, who is an activist against capital punishment, an editor of independent online blog "Online Citizen" and a filmmaker whose most recent work focused on the detention in 1987 of political activists under Singapore's Internal Security Act. The 3 said in social media postings that they had been prevented from leaving the country, and had been told that they were required to stay in Singapore to assist police with an investigation. As of Friday afternoon, police were not able to respond to requests by Reuters for comment. Human Rights Watch said the government should respect the right of free speech and assembly. "The government should end its harassment of activists campaigning against capital punishment and respect their rights to freedom of expression and peaceful assembly," the group said in a release on Thursday. None of the 3 had been arrested or charged, Kirsten Han, the activist and journalist, told Reuters. (source: Reuters) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
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Sept. 7 INDIA: Indian court pronounces death penalty to 2, lifer to 2 in 1993 Mumbai blasts case A court in India's western state of Maharashtra Thursday pronounced death sentences to 2 people and life imprisonment to two others in 1993 Mumbai serial blasts case that killed 257 people, officials said. The special Terrorist and Disruptive Activity (TADA) court handed over death penalty to Tahir Merchant and Feroz Khan, while as prominent gangster Abu Salem and another person Karimullah Khan was given a life sentence. The 15th convict Riaz Siddiqui has been sentenced to 10 years of imprisonment, while as the 6th person Mustafa Dossa had died ahead of sentence. Salem, who was a prime suspect in the 1993 Mumbai bombings, was arrested in Portugal in 2002. He was extradited to India in 2005 and has been in prison since then. The court in June this year found 6 individuals guilty in the serial blasts that rocked India's financial capital in 1993, killing 257 and wounding over 700. In 2006, the special anti-terror court convicted 100 people for the blasts. 12 were given the death penalty and 20 others sentenced for life. India's prominent film actor Sanjay Dutt was the most high-profile among the convicts. (source: globaltimes.cn) *** Public prosecutor Ujjwal Nikam explains A special TADA court in Mumbai today today sentenced Firoz Abdul Rashid Khan and Tahir Merchant to death in the 1993 Mumbai serial blasts case. Abu Salem and Karimullah Khan were given life in prison while Riaz Siddiqui was sentenced to 10 years in jail. Senior public prosecutor Ujjwal Nikam confirms that the prosecution could not have asked for the death penalty for Abu Salem due to India's extradition agreement with Portugal. Salem, Karimullah Khan, Firoz Khan and Merchant were earlier convicted for conspiring to carry out the dastardly 1993 serial blasts, which killed more than 250 people. Mustafa Dossa was convicted as well, but he died of natural causes before today's sentencing. Riaz Siddiqui was convicted of lesser charges. Earlier, Abu Salem, along with Mustafa Dossa, Firoz Abdul Rashid Khan, Tahir Merchant and Karimullah Khan, were convicted in June for conspiring to commit the dastardly Mumbai serial blasts, which killed over 250 people. (source: indiatoday.in) MALAYSIA: Death penalty: Wrongful convictions and unfair sentencing in MalaysiaOf over 1,100 currently on death row, many have not been afforded their right to representation and a fair trial. While the death penalty in Malaysia is an issue that divides the nation and continues to be a hot topic in parliament, there is a group of people whose voices never enter the debate. They are the silent victims of this colonial-era law and the ones that pay the ultimate price for the errors of others - the wrongfully convicted. Splitting public opinion pretty much down the middle, the death penalty in Malaysia is a hangover from British rule and is still the mandatory punishment for murder, drug trafficking, treason, and waging war against the King. Last year, Malaysia executed 9 people - up from 1 the previous year - and handed down 36 death sentences. In its latest report on the issue, rights group Amnesty International ranked Malaysia 10th in the use of the death penalty among 23 countries where executions were recorded. Human rights charities have repeatedly called on the country to abolish the practice altogether. Despite a years-long debate over amendments to the Dangerous Drugs Act of 1952 aimed at allowing judges to exercise discretion in sentencing for trafficking offences, little has been done. In a statement in August following the most recent proposal to amend the laws, Legal Advisor at Human Rights Watch, Linda Lakhdhir called for decisive action from parliament. "The Malaysian government should stop playing games, and firmly commit now to introduce legislation in the next sitting of Parliament to eliminate the mandatory death penalty for all drug offenses - not just some drug offenses," she said. "And while it is making changes to its policies on the death penalty, the government should also impose a moratorium on executions, and move swiftly to full abolition of the death penalty. Talk is cheap. It is time for action." Despite mounting appeals, the punishment continues to be popular in a country that values the premise of "an eye for an eye". But of the over 1,100 currently on death row, many of them have not been afforded their right to representation and a fair trial, according to prominent defence lawyer at the National Legal Aid Foundation, Samantha Chong Yin Xin. Speaking at the Freedom Film Festival in Kuala Lumpur, Chong explained how many of those convicted do not understand their rights and, in some cases, don't even know what they are being arrested for. "Many people on death row do not have good legal representation,"
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Sept. 6 PHILIPPINES: House seeks replacement of Revised Penal Code The House of Representatives justice committee has batted for the measure overhauling the country's 85-year old Revised Penal Code, renaming penalties, adjusting fines, requiring joint civil and criminal proceedings, introducing community service, and lowering the minimum age of criminal liability to 12 years. In a statement, committee chair Rep. Reynaldo Umali sought the speedy passage of House Bill No. 6204, which seeks to replace Book 1, or the first 113 articles of the 367-article RPC. Book 1 was trimmed to just 78 articles. Umali was quoted in the statement as saying that legal complications and difficulty have arisen from the passage of special penal laws in the past eight decades. "Now we can hardly keep track of the exact number of penal laws that we have and there is difficulty in determining which law or laws are to be used to prosecute a particular criminal conduct," Umali added. Book 1 covers the "general principles on the application of this Code, the offenses, the persons liable and the table of penalties." The proposed replacement of the RPC would be named "the Philippine Code of Crimes." The bill had been prepared for the past 3 years by the Institute of Government and Law Reform of the University of the Philippines Law Center, which constituted an 8-member Code of Crimes Committee that included Umali. Asked if the provisions recommended by the UP Law Center committee would still be changed by the House justice committee, Umali said in a phone interview: "Of course, it can. That will depend on the committee." Age of criminal liability Among the likely controversial provisions of the proposed code is the lowering of the minimum age of criminal liability to "12 years of age or below" or "above 12 years of age and under 15 acting without discernment." This changes the threshold of 15 years old (or 15 to 18 years for those acting without discernment) as set under Juvenile Justice and Welfare Act of 2006, which raised the minimum age of criminal responsibility from the original age of 9 fixed by the RPC in 1932. Another change is the Code's proposal to let convicts render community services in case of failure to pay fines - instead of the current subsidiary imprisonment at a rate of 1 day for every 8 pesos of unpaid fine. This ranges from 4 to 6 months for grave crimes, 1 to 4 months for less grave crimes, and a maximum of 30 days for light crimes. The RPC provision for the court to consider "the wealth or means of the culprit" in imposing fines, however, was deleted because it violated the equal protection clause. No 'prescription of penalties' The proposed Code would also do away with the prescription of penalties, the limitation within which the penalty can be imposed when the convict escapes the service of his sentence. It would also require civil liabilities to be tried simultaneously and jointly with the criminal proceedings against a defendant. If the civil action is instituted first, it would have to be transferred to the court where the criminal case is subsequently filed. "The filing of the criminal action shall carry with it the filing of civil action, and no right to reserve the filing of such civil action separately from the criminal action shall be allowed," the bill read. Renamed penalties The proposed Code of Crimes also replaced the terminologies, starting with the use of the word "crime" in place of "felony." Capital punishment is referred to as "punitive penalties" with "punitive 1" referring to the death penalty, and "punitive 2" to imprisonment of 20 years and 1 day to 40 years. The proposed afflictive penalties are "afflictive 1" (12 years and 1 day to 20 years, or the current prision temporal), and "afflictive 2 and temporary disqualification" (6 years and 1 day to 12 years, or the current prision mayor). The current penalty of prision correccional (6 months and 1 day to 6 years) would be split into 2 penalties of "corrective 1 and suspension" (3 years and 1 day to 6 years) and "corrective 2" (6 months and 1 day to 3 years). What are currently called light penalties will be renamed "restorative penalties." These include "restorative 1" (1 month and 1 day to 6 months), which is equivalent to arresto mayor, currently a corrective penalty. "Restorative 2" (1 to 30 days) is equivalent to the current penalty of arresto menor. The proposed code would also introduce the penalties of "community service" of 1 day to 6 months, and "restrictive penalty" of 6 months to 2 years. Updated outline of crimes Umali could not say yet if Book 2 of the RPC, which lists down the crimes and their correspending penalties, would be passed together with Book 1 under one House bill. He said the committee "hopes to complete" its work on the crimes and penalties that may be covered by the overhauled Code of Crimes by March
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Sept. 5 BANGLADESH: Dandupalya gang's death penalty commuted to life The High Court of Karnataka on Monday commuted death penalty to life imprisonment to 4 Dandupalya gang members. A division bench comprising Justice Ravi Malimath and Justice John Michael Cunha passed an order commuting the death sentence issued to gang members Venkatesh, Munikrishna, Nalla Thimma and Lakshmi. The gang members were accused of murdering Sudhamani, a resident of Moodalapalya in Vijayanagar and stealing valuables from her house in October 1999. While the case of theft was proved, the prosecution could not provide evidence that it was the same gang which had murdered Sudhamani. Due to lack of evidence in the murder case, the bench commuted the sentencing in the matter. The notorious Dandupalya gang is involved in a series of thefts and murders. (source: Deccan Herald) SINGAPORE: Activist investigated for illegal assembly after vigil for hanged Malaysian An activist is being investigated by Singapore police over her participation in a candlelight vigil outside Changi Prison for Malaysian S. Prabagaran, who was hanged almost 2 months ago. Anti-death penalty activist Kirsten Han, who attended the vigil on July 13, said that 2 police officers showed up at her house on Sunday and handed her a letter saying that they are investigating an offence of "taking part in a public assembly without a permit". She said that the letter also summoned her and "some of the participants" to present themselves for questioning. Han said that the July 13 vigil for Prabagaran was to show support for the family, who were present at the vigil, after they realised that Prabagaran's execution would go ahead. "There weren't that many people and there was no disturbance," Han told The Star Online. "We lit candles and put up his photo, but when the police came and told us to take it down we complied," she said. According to Han, the police showed up at the vigil 15 minutes after the candles were lit. Police confiscated the candles and photos, and filmed the people present at the vigil. "We were then told that we would be allowed to stay as long as we didn't light any more candles, which we didn't," said Han. Han said that she is aware of the "very restrictive laws" on public assembly in Singapore. "I'm not completely surprised that a peaceful candlelight vigil is now being seen as an illegal assembly," she said. However, Han said that the timing of the investigation is "a little odd" considering that the vigil was held almost 2 months ago. Han said that she would meet Singapore police on Thursday at 2pm for questioning. Singapore NGO Function 8 condemned the "police harassment" of anti-death penalty activists who held the vigil. "Article 14 of the Constitution of the Republic of Singapore guarantees the right of citizens to freedom of speech, expression and assembly," said Function 8 in a statement on Monday. "The act of issuing and having the police personally delivering letters which require the said activists to appear at police stations to assist in investigations, almost two months after the event, goes against the spirit of our Constitution and is a waste of police resources," it said. Function 8 urged the Singapore home affairs minister to rescind the action of the police and cease the investigation. Prabagaran was sentenced to hang for trying to smuggle a form of pure heroin into Singapore in April 2012. The Malaysian, who was working in a petrol station, was arrested at the Woodlands checkpoint in April 2012 for possession of 22.24g of heroin, which was found in a black bundle in the centre arm-rest console of the car he was driving. Prabagaran maintained his innocence, claiming that he borrowed the car from a friend to enter Singapore that day and was not aware of the drugs in the car. (source: thestar.com.my) PAKISTAN: Ignoring Mental Illness is Among Pakistan's Misplaced Priorities On 21 October 2016, a 3-member bench of the highest court in Pakistan, headed by Chief Justice Anwar Zaheer Jamali, ruled that schizophrenia was not a mental illness and won't disqualify one from being sent to the gallows. This was ostensibly done to ensure that Imdad Ali, a schizophrenic man, would be hanged for the 2001 murder of a cleric. Imdad will be victim number 426 in Pakistan's merciless hanging spree, that began after the lifting of the moratorium on the death penalty, following the Peshawar attacks in December 2014. In the wake of these attacks, 3 branches of governments, spearheaded by a 4th military branch, devised a 'National Action Plan', the salient points being the establishment of military courts and the reinstatement of capital punishment. Denying Rights to the Disabled and Mentally Ill The political efficacy of such measures and their role in deterring terrorism is a topic for another time, but one thing is certain
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Sept. 4 IRANexecutions Iran hangs 4, 2 were flogged before being executed 2 prisoners were hanged on Sunday, September 3, 2017, in central prison of Tabriz, northwestern Iran. The victims identified as Darush Rashidi and Kazem Shiri had been sentenced to death and 100 lashes for rape. They were flogged in prison yard before being executed. "The death penalty for these 2 prisoners had been suspended several times over the past few years due to ambiguities, but was eventually issued again," according to an informed source. A prisoner identified as Adel Karimi, over 50-year-old, was hanged at dawn on the same day, in central prison of Ardebil, northwest Iran. He was found guilty of murder. Adel Karimi had been on death row 6 years in this facility. In another development, another prisoner was executed on August 30 in Parsilon Prison of Khoram Abad in western Iran. The victim identified as Mohammad Mirzaei was found guilty of murder. These executions have not been made public by the state media to this date. (source: Iran Human Rights Monitor) *** Iran re-imposes death sentence on spiritual figure that supreme court quashed An Iranian court has re-imposed the death penalty on the founder of a spiritual movement after the 1st sentence was struck down by the supreme court, the judiciary said on Sunday. Mohammad Ali Taheri, founder of Erfan Halgheh which calls itself "Interuniversalism" in English, was arrested in 2011 and given 5 years in prison for "insulting Islamic sanctities". He was sentenced to death by a Revolutionary Court in 2015 for "corruption on earth" but the Supreme Court later quashed the sentence. "(Taheri's) case was sent back to court and tried with the presence of a lawyer and various advisors and the judge has again reached," Judiciary spokesman Gholamhossein Mohseni Ejei was quoted as saying by the news agency ISNA. The sentence can be appealed, he added. Amnesty International says Taheri is a prisoner of conscience and has condemned Iran's use of capital punishment "for vaguely worded or overly broad offences, or acts that should not be criminalized at all". Tehran dismisses such criticism as part of an effort from the West to heap political pressure on the Islamic Republic. (source: Reuters) SINGAPORE: Vigil held for man who was sentenced to death deemed as possible offence of assembly without permit Malaysian national Prabagaran Srivijayan was executed by the state in the early morning of Jul 14, years after multiple attempts failed to overturn his death sentence in 2014 for importing heroin into Singapore. Hangings in Singapore are always carried out on Fridays at dawn in Changi Prison, and it was outside the prison that 15 people gathered to hold a vigil for the young man. The group that congregated consisted of Prabagaran's family and friends, all of whom stood solemnly in solidarity. One of the attendees was none other than local journalist and anti-death penalty activist Kirsten Han, whose group We Believe In Second Chances has spoken out to oppose the execution of the young man (and many others before him). According to Han, the police dropped by the vigil to break up the crowd and film the whole thing, taking candles and photos along with them when they left. No explanation was provided, though the group was allowed to stay on as long as they didn't light any more candles or set up photos. It was only yesterday (Sep 3) that Han found out she might be in trouble for taking part in the vigil. According to her account on Facebook, police officers showed up at her door to hand her a letter stating that she is required to assist in their investigations regarding "an offence of Taking part in a Public Assembly without Permit". It's part of the Public Order Act that basically outlaws protests without permit in Singapore. It's considered an offence if there are 2 or more people assembled for the purpose of (i) demonstrating support for or opposition to the views or actions of any person, group of persons or any government; (ii) publicizing a cause or campaign; or (iii) marking or commemorating any event. Vigils may or may not be considered a chargeable offence, but it may take a different form, considering that it???s a gathering of people standing in solidarity for an individual impacted by the politically controversial death penalty. By its definition itself, vigils are peaceful demonstrations in support of a particular cause. Han notwithstanding, imagine the distress felt by the family members of Prabagaran who might've also received the letter - they'll have to deal with a police investigation on top of mourning his death. "...when a simple, nonviolent, quiet vigil for a man about to be hanged by the state is deemed an illegal assembly worthy of a police investigation, perhaps it is time to think about whether we are striking the right balance between
