[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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