[Deathpenalty] death penalty news----worldwide
Rick Halperin
rhalperi at mail.smu.edu
Wed Feb 6 16:35:46 CST 2008
Feb. 6
CANADA:
Commons says government should seek clemency for Canadians on death row
The House of Commons has adopted a motion saying the government should
resume a policy of automatically seeking clemency for Canadians facing the
death penalty abroad.
Opposition parties ganged up against the government in a non-binding vote
to approve a motion from Liberal MP Judy Sgro.
Her motion was a response to the government's refusal last fall to seek
clemency for Ronald Smith, an Albertan sentenced to death in Montana for 2
murders in 1982.
The Conservatives said at the time that such appeals would be made on a
case-by-case basis.
They said they would not routinely ask for clemency in cases where people
are convicted in fair trials in democratic countries.
Opposition parties said this was evidence that the government wanted to
reopen the death penalty debate in Canada, which the government denied.
(source: The Canadian Press)
INDIA:
Death for drug peddler
A sessions court today awarded death sentence to a drug peddler after
being convicted for the 3nd time, reports our correspondent.
Gulam Ali Malik had been convicted earlier under the Narcotic Drugs and
Psychotropic Substances (Prevention) Act in Gujarat for conspiring to
smuggle hashish.
This time, he was arrested in connection with a drug bust in suburban
Mumbai in 2002, where police seized a banned substance from a godown.
Lawyer Majeed Memon said: "This death penalty isnt shocking. Under the
NDPS act, there is a statutory provision where a person with an earlier
conviction for peddling drugs would either get a life sentence or a death
sentence."
(source: The Telegraph)
IRAN:
Iran weighs death penalty for apostates
Iran's parliament is considering legislation that would impose the death
penalty on Muslims who forsake that faith, the Assyrian International News
Agency reports.
Although Islamic shari'a law stipulates the death penalty for apostates,
Iran's law has not called for execution. The legislation now under
discussion would bring the nation's statutes into line with Islamic law.
The measure is regarded as a threat not only to Christian converts from
the Islamic faith, but also to minority groups that are regarded as
apostates by the Shi'ite majority, such as the Baha'i.
(source: Catholic World News)
**************************
Iranian child offender faces execution in next 72 hours, warns Amnesty
Amnesty International today (6 February) warned that a young man in Iran
aged only 15 at the time of his offence will be executed in the next 72
hours unless urgent action is taken. The order to carry out his execution
has been sent to the prison where he is held.
Behnam Zare' has been convicted of a murder committed when he was 15 years
old. Now aged 18, Behnam has been detained in Adelabad prison, in the
south-western city of Shiraz, since his arrest. Amnesty is urging people
to take action to help save Behnam at www.amnesty.org.uk/deathpenalty
Behnam Zare' is one of at least 71 child offenders currently on death row
in Iran. The country continues to execute child offenders - people under
the age of 18 at the time of their offence - despite the practice being
strictly prohibited under international law. The UN Committee on the
Rights of the Child has twice urged Iran to stop executions of child
offenders, yet since 1990 Iran has executed at least 24 such offenders.
Amnesty International UK Director Kate Allen said:
'This is a sickening case. Executions are always dirty affairs, but when
the intended victim is so young it is crueller still.
'Public pressure can make a real difference in cases like this and we
really hope enough people will join our campaign to save Behnam.
"The Iranian authorities must step into line with the rest of the world
and end the shameful practice of executing child offenders.'
The murder reportedly took place on 21 April 2005, when Behnam Zare' swung
a knife during an argument with a man named Mehrdad, wounding him in the
neck. Mehrdad later died in hospital. Behnam Zare' was detained on 13
November 2005; Fars Criminal Court sentenced him to qesas (retribution) on
charges of premeditated murder. Under Article 206 (b) of Iran's Criminal
Code, murder is classed as premeditated 'in cases where the murderer
intentionally makes an action which is inherently lethal, even if [the
murderer] does not intend to kill the person.' The case went to appeal
before the Supreme Court where the sentence was upheld.
Around 11 August 2007, Behnam Zare's family were reportedly asked to seek
a pardon from the victim's family, who reportedly refused to grant one.
(source: Amnesty International UK)
**************************
URGENT ACTION APPEAL
- From Amnesty International USA
6 February 2008
UA 33/08 Death penalty/stoning
IRAN Zohreh Kabiri-niat (f) aged 27
Azar Kabiri-niat, known as Akram (f), her sister,
aged 28
Zohreh Kabiri-niat and her sister Azar (who is usually known
as Akram) are facing execution by stoning, for "adultery."
They were arrested on 4 February 2007 after Zohreh Kabiri-
niat's husband filed a complaint against her and her
sisters, Azar and Azzam, and also Azar's husband,
Mohammadreza Bodaghi, and another man, claiming that they
had had "illicit relations" and submitting as evidence
video footage from a camera he had secretly installed in his
house, which reportedly showed the two women with another
man. The five were tried in Branch 127 of the Tehran
General Court in March 2007. Zohreh Kabiri-niat was
sentenced to 99 lashes for "having illicit relations", and
to five years' imprisonment for forming "a center of
corruption". The others were also sentenced to flogging.
Zohreh and Azar Kabiri-niat were returned to prison, and the
flogging sentence was reportedly carried out. However, a
fresh charge of "committing adultery while being married"
was brought against them. This was heard in Branch 80 of the
General Court in Karaj on 6 August 2007. Both were found
guilty and were sentenced to death by stoning. Under the
Iranian penal code, the panel of five judges were able to
base their decision on the Tahrir ol-Vasileh, an Islamic
legal text written by the founder of the Islamic Republic of
Iran, Ayatollah Khomeini. The charge of "adultery" was
substantiated solely by the judge's "knowledge", based on
the video evidence and statements the sisters had made
during their interrogation. Zohreh Kabiri-niat later said,
"I do not accept my 'confessions' under interrogations, and
I deny whatever it is that they claim I said."
Zohreh and Azar Kabiri-niat lodged an appeal, which was
heard by Branch 27of the Supreme Court on 10 November 2007.
The Supreme Court judges rejected their lawyer's defense
that the women denied the offense, that the video evidence
did not actually show the women having sex, and that they
had not confessed four times before the judge as is required
by Islamic law. The court confirmed the initial verdict of
stoning to death, and ruled that it be sent to the
appropriate authorities for implementation.
A new lawyer representing the women told journalist Marjan
Lagha'i that, "the case has fundamental problems, since a
person can not be tried twice for the same crime. Yet these
two sisters have been tried twice in the same case, and two
sentences have been issued for them... the circumstances that
are required to prove adultery - confession by the accused
on four different occasions that can be corroborated by the
testimony of four eyewitnesses to the alleged crime - are
entirely absent, and there is absolutely no legal document
in this case that a judge can use to issue a stoning
sentence... Given that I view this sentence to be against the
principles of Sharia, as well as the criminal laws [of
Iran], I have filed an official objection, and I have asked
that the Head of Judiciary review the case once again."
BACKGROUND INFORMATION
A moratorium on execution by stoning was ordered by the Head
of the Judiciary, Ayatollah Shahroudi, in December 2002.
Despite this, sentences of death by stoning in Iran are
still being passed and, on occasion, carried out.
Anti-stoning campaigners have reported that the first
stonings since the moratorium was imposed took place in May
2006, when a woman, Mahboubeh, and a man, Abbas, were stoned
to death in a cemetery in the city of Mashhad for murdering
Mahboubeh's husband, and for "adultery". Part of the
cemetery was cordoned off from the public, and more than 100
members of the Revolutionary Guard, and members of the Basij
Forces (volunteer paramilitary units attached to the
Revolutionary Guards Corps) were among those who stoned the
couple to death. In July 2007, a man, Ja'far Kiani, was
stoned to death in Aghcheh-kand; the authorities later said
this was a "mistake". Mokarremeh Ebrahimi, with whom he
had two children and who was sentenced with him, is still
under sentence of death by stoning.
In mid-2006, a group of Iranian human rights defenders began
a campaign to abolish stoning, having initially identified
11 people at risk of stoning. Since the Stop Stoning Forever
campaign began, five people have been saved from stoning:
Hajieh Esmailvand (see UA 336/04, 16 December 2004, and
follow-ups), Soghra Mola'i, Parisa (see UA 257/06, 28
September 2006, and follow-up), Parisa's husband, Najaf, and
Zahra Reza'i. Others have been granted stays of execution,
and some of the cases are being reviewed or re-tried. Eleven
women (including Zohreh and Azar Kabiri-niat) and two men
are known to be under sentence of death by stoning.
Activists in the campaign have faced repression.
A new version of the Iranian Penal Code is currently under
consideration by the Majles, which, if passed, would appear
to allow for stoning sentences to be changed to execution by
other means or flogging.
For more information, see Iran: End Executions by Stoning (AI
Index MDE 13/001/2008).
RECOMMENDED ACTION: Please send appeals to arrive as quickly as
possible:
- calling on the authorities to commute the sentences of
death by stoning passed on Zohreh and Azar Kabiri-niat
immediately;
- welcoming moves towards reforming the law on stoning in
Iran, but urging that any new legislation permits neither
stoning nor any other form of execution for "adultery while
being married".
APPEALS TO:
Head of the Judiciary
Ayatollah Mahmoud Hashemi Shahroudi
Howzeh Riyasat-e Qoveh Qazaiyeh / Office of the Head of the
Judiciary
Pasteur St., Vali Asr Ave., south of Serah-e Jomhouri,
Tehran 1316814737, Islamic Republic of Iran
Fax: 011 98 21 3390 4986 (Please keep trying)
Email: info at dadgostary-tehran.ir (In the subject line: FAO
Ayatollah Shahroudi)
Salutation: Your Excellency
COPIES TO:
Leader of the Islamic Republic
His Excellency Ayatollah Sayed 'Ali Khamenei, The Office of
the Supreme Leader
The Office of the Supreme Leader,
Islamic Republic Street - Shahid Keshvar Doust Street
Tehran,Islamic Republic of Iran
Email: info at leader.ir or istiftaa at wilayah.org
Iran does not presently have an embassy in the United
States. Instead, please send copies to:
Iranian Interests Section
Embassy of Pakistan
2209 Wisconsin Ave NW
Washington DC 20007
Fax: 1 202 965 1073
Email: requests at daftar.org
PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after
19 March 2008.
----------------------------------
Tip of the Month:
Use shortcuts: Do whatever is necessary to make your
letter writing as quick and easy as possible. This way,
letters will not be put off and they can be sent out sooner.
Start by making a generic file for each type of concern;
paragraphs on torture, the death penalty, disappearances,
denial of medical care and so on, can be copied into your
working file and edited as needed.
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Amnesty International is a worldwide grassroots movement
that promotes and defends human rights.
This Urgent Action may be reposted if kept intact, including
contact information and stop action date (if applicable).
Thank you for your help with this appeal.
Urgent Action Network
Amnesty International USA
600 Pennsylvania Ave SE 5th fl
Washington DC 20003
Email: uan at aiusa.org
http://www.amnestyusa.org/urgent/
Phone: 202.544.0200
Fax: 202.675.8566
----------------------------------
END OF URGENT ACTION APPEAL
----------------------------------
***********************************************************************
One of Bawi Brothers Executed and Others
Remain at Imminent Risk of Execution in Iran (fourth update to UA
233/05)
URGENT ACTION APPEAL
- From Amnesty International USA
Note: Please write on behalf of these persons even though
you may not have received the original UA when issued on September
9, 2005. Thanks!
6 February 2008
Further Information on UA 233/05 (9 September 2005) and
follow-up (2 November 2005; 31 March 2006; 23 June 2006) --
Fear of Torture and ill-treatment/ Incommunicado detention/ Death
sentence
New concern: Imminent execution
IRAN
Mohsen Bawi (m), aged 34 ]
Imad Bawi (m), law student, aged 32 ] brothers
Hani Bawi (m), student, aged 23 ]
Moslem Bawi (m), student, aged 20 ]
Asad Bawi (m), their cousin, aged 35 ]
Mansour Tayouri (m) ] members of the extended Bawi
family
Hassan Boughedar (or Bou Azar or Bozar) (m)]
Lefteh Sarkhi (m), student
Executed: Zamel Bawi (m), aged 30
Zamel Bawi, a member of the Iranian Arab minority, was
executed on 29 January at 4am in Karoun Prison, Khuzestan
province. On 28 January, the eve of his execution, Zamel
Bawi was allowed a family visit. Neither Zamel nor his
family nor his lawyer were informed of the imminence of the
execution, although Iranian law states that the authorities
should inform a detainee's lawyer at least 48 hours before a
death sentence is due to be carried out.
Zamel Bawi, a businessman and shop owner, was arrested by
security forces on 11 August 2005 along with four of his
brothers and a cousin. At the end of October 2005, Zamel
Bawi had been sentenced to death. On 10 June 2006 Branch 3
of the Revolutionary Court in Ahvaz city, Khuzestan
province, confirmed the death sentences against Zamel Bawi
and nine other men including Jaafar Sawari, Risan Sawari and
Abdulredha Nawaseri who were executed in 2007 (see UA 57/06,
10 March 2006 and follow-ups). The 10 men were accused of
being "mohareb" (at enmity with God) which can carry the
death penalty. Other charges included "destabilizing the
country", "attempting to overthrow the government",
"possession of home-made bombs", "sabotage of oil
Installations" and carrying out bombings in Ahvaz, which
took place between June and October 2005. Zamel Bawi was
further convicted of hiding seven home-made bombs.
The remaining men are serving prison sentences varying
between 10 and 25 years in exile within the country. Amnesty
International believes that Mohsen Bawi is detained in
Konarak Prison, outside the town of Chabahar, in Sistan-
Baluchistan province and Imad Bawi is detained in Tabas
Prison, in Khorasan province. The two brothers were said to
have been taken into solitary confinement following the news
of the execution of their brother.
BACKGROUND INFORMATION
Much of Iran's Arab community lives in the province of
Khuzestan, which borders Iraq. It is strategically important
because it is the site of much of Iran's oil reserves, but
the Arab population does not feel it has benefited as much
from the oil revenue as the Persian population.
Historically, the Arab community has been marginalized and
discriminated against. There were mass demonstrations in
April 2005, after it was alleged that the government planned
to disperse the country's Arab population or to force them
to relinquish their Arab identity. Following bomb explosions
in Ahvaz City in June and October 2005, which killed at
least 14 people, and explosions at oil installations in
September and October 2005, the cycle of violence
intensified, with hundreds of people reportedly arrested.
There have been reports of torture. Further bombings on 24
January 2006, in which at least six people were killed, were
followed by further mass arrests. At least 17 men have now
been executed as a result of their alleged involvement in
the bombings. It is not clear if another man was executed or
died in custody.
RECOMMENDED ACTION: Please send appeals to arrive as quickly as
possible:
- stating that Amnesty International recognizes the rights
and responsibilities of governments to bring to justice
those suspected of criminal offenses, but strongly opposes
the death penalty as the ultimate cruel, inhuman and
degrading punishment and violation of the right to life;
- deploring the execution of Zamel Bawi;
- seeking clarification as to why Zamel Bawi's lawyer was
not informed at least 48 hours before his execution, as he
should have been according to Iranian law;
- seeking full details of the trials of Zamel Bawi, his
brothers Mohsen, Imad, Hani and Moslem; their cousin Asad
Bawi, relatives Mansour Tayouri and Hassan Boughedar; and
Lefteh Sarkhi, including details of the charges and evidence
against them and any appeals they may have made;
- expressing concern at reports that these prisoners were
not granted access to a lawyer during some or all sessions
of their trial, and as such, their trial did not meet
international standards for fair trial, as laid down by
Article 14 of the International Covenant on Civil and
Political Rights to which Iran is a State Party.
- seeking assurances that those who remain in prison are not
being tortured or ill-treated in detention.
APPEALS TO:
Leader of the Islamic Republic
His Excellency Ayatollah Sayed 'Ali Khamenei
The Office of the Supreme Leader,
Islamic Republic Street - Shahid Keshvar Doust Street
Tehran, Islamic Republic of Iran
Email: info at leader.ir
Salutation: Your Excellency
Head of the Judiciary
Ayatollah Mahmoud Hashemi Shahroudi
Howzeh Riyasat-e Qoveh Qazaiyeh / Office of the Head of the
Judiciary
Pasteur St., Vali Asr Ave., south of Serah-e Jomhouri,
Tehran 1316814737, Islamic Republic of Iran
Email: info at dadgostary-tehran.ir (In the subject line write: FAO
Ayatollah Shahroudi)
Salutation: Your Excellency
Minister of Intelligence
Gholam Hossein Mohseni Ejeie
Ministry of Intelligence,
Second Negarestan Street, Pasdaran Avenue,
Tehran, Islamic Republic of Iran
Salutation: Your Excellency
COPIES TO:
President
His Excellency Mahmoud Ahmadinejad
The Presidency,
Palestine Avenue, Azerbaijan Intersection,
Tehran, Islamic Republic of Iran
Email: dr-ahmadinejad at president.ir via website:
www.president.ir/email
Speaker of Parliament
His Excellency Gholamali Haddad Adel
Majles-e Shoura-ye Eslami,
Baharestan Square,
Tehran, Islamic Republic of Iran
Fax: 011 98 21 3355 6408
Email: hadadadel at majlis.ir (Please ask that your message be
brought to the attention of the Article 90 Commission)
Iran does not presently have an embassy in the United
States. Instead, please send copies to:
Iranian Interests Section
Embassy of Pakistan
2209 Wisconsin Ave NW
Washington DC 20007
Fax: 1 202 965 1073
Email: requests at daftar.org
PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after
19 March 2008.
----------------------------------
Tip of the Month:
Use shortcuts: Do whatever is necessary to make your
letter writing as quick and easy as possible. This way,
letters will not be put off and they can be sent out sooner.
Start by making a generic file for each type of concern;
paragraphs on torture, the death penalty, disappearances,
denial of medical care and so on, can be copied into your
working file and edited as needed.
** POSTAGE RATES **
Within the United States:
$0.26 - Postcards
$0.41 - Letters and Cards (up to 1 oz.)
To Mexico and Canada:
$0.69 - Postcards
$0.69 - Airmail Letters and Cards (up to 1 oz.)
To all other destination countries:
$0.90 - Postcards
$0.90 - Airmail Letters and Cards (up to 1 oz.)
Amnesty International is a worldwide grassroots movement
that promotes and defends human rights.
This Urgent Action may be reposted if kept intact, including
contact information and stop action date (if applicable).
Thank you for your help with this appeal.
Urgent Action Network
Amnesty International USA
600 Pennsylvania Ave SE 5th fl
Washington DC 20003
Email: uan at aiusa.org
http://www.amnestyusa.org/urgent/
Phone: 202.544.0200
Fax: 202.675.8566
----------------------------------
END OF URGENT ACTION APPEAL
----------------------------------
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