[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Nov. 28



CHINA, IRAN, JAMAICA:

China, Iran and Jamaica go against trend on executions


The execution of a Chinese scientist on Friday is the latest in a series
of executions that are going against the global trend towards a moratorium
on the death penalty.

Wo Weihan, a 59-year-old medical scientist who was found guilty of spying
for Taiwan, spent 30 minutes with his family on the day before his
execution. It was the 1st time he had been allowed to see his loved ones
since being moved to a prison hospital in March 2005.

"He was surprised and very happy to see us. Because he did not know about
a looming execution, he was hopeful and did not leave any final words or
will with our family," said his daughter Ran Chen.

Wo, who holds several patents for biomedical discoveries, was denied
access to a lawyer for 10 months after his detention and sentenced to
death after a closed trial in May 2007.

"We, the family, have not been granted the most fundamental and universal
right of information about what was happening with our father. The
execution was carried out in secrecy while we hoped. Not only was my
father put to death, but also our hope in the Chinese justice system,"
said Wo's daughters.

China is 1 of 3 countries continuing the policy of killing their own
people, less than a week after a record number of countries in the UN
supported ending capital punishment.

In Iran, ten people were hanged on Wednesday 26 November in a mass
execution that took place in Tehran's Evin Prison. The executions were
reported to have been for murder, robbery, and kidnapping and brought the
total number of executions recorded by Amnesty International in 2008 to at
least 296.

One of those hanged was Fatemeh Haghighat-Pajouh, whose conviction to
qesas, or retribution  a form of death sentence  for the murder of her
temporary husband had been upheld in 2006 following a review of the case
by the Supreme Court. Courts had rejected her claim that she had acted to
prevent her husband, who was a drug addict, from attempting to rape her
then teenage [14-16 year old] daughter from a previous marriage.
Apparently he had previously told her that he had lost the girl in a
gambling match. Her lawyer was not notified 48 hours in advance of her
execution, as is required under Iranian law.

Farzad Kamangar is a Kurdish teacher whose death sentence on the vaguely
expressed charge of moharebeh, or enmity against God, often taken to mean
armed insurrection, was upheld in July 2008. His first trial, prior to
which he was tortured in a series of locations, was grossly unfair. He was
removed from his cell on 25 November, raising alarm that he would be
executed. His lawyer has stated that his case is under review by the
Supreme Court and that it is not legally possible to execute him, but in
the absence of any warning, as was the case with Fatemeh Haghighat-Pajouh,
human rights activists remain concerned that he may be quietly and quickly
executed at any time.

At the same time, reports emerged that the Supreme Court had confirmed, in
August 2008, a verdict of death by stoning, passed on Afsaneh R by a lower
court in Shiraz, southern Iran. Reports suggest that the verdict was
reached relying on the knowledge of the judge, a provision in Iranian law
that enables a judge to determine sentences in an arbitrary and subjective
manner. Reports about the verdict cast doubt on the integrity of a
statement by a judicial official, on the same day in August 2008, that
execution by stoning had been suspended, as a result of which several
women have had their sentences commuted. The Head of Irans judiciary had
announced a moratorium in 2002, although a stoning took place in 2007. It
remains to be seen whether, as the case of Afsaneh R will show, whether
the announcement in August was a hollow promise.

In Jamaica, the vote on retaining the death penalty emerged in light of
discussions around the new Charter of Rights and Freedoms Bill. The new
Charter seeks to replace Chapter III of the Jamaican Constitution
dedicated to the protection of fundamental rights and freedom of persons.

The purpose of the vote was to decide whether provisions allowing for the
death penalty as an exception to the right to life should be retained or
deleted from the Charter. Following the vote at the House of
Representatives, the Senate will also shortly debate and vote the motion.

In Jamaica, the vote on retaining the death penalty emerged in light of
discussions around the new Charter of Rights and Freedoms Bill. The new
Charter seeks to replace Chapter III of the Jamaican Constitution
dedicated to the protection of fundamental rights and freedom of persons.

The purpose of the vote was to decide whether provisions allowing for the
death penalty as an exception to the right to life should be retained or
deleted from the Charter. Following the vote at the House of
Representatives, the Senate will also shortly debate and vote the motion.

The last execution in Jamaica was carried out on 18 February 1988. There
were more than 190 prisoners under sentence of death at the end of 1988.
Currently there are 9 prisoners on death row.

"Although there appears little chance of Jamaica carrying out an execution
in the near future, AI fears this vote signals the authorities' intention
to resume hanging as soon as condemned prisoners pending legal appeals
allow them to," said Amnesty International's Piers Bannister.

"As the world increasingly turns its back on capital punishment, AI urges
Iran, China and Jamaica to re-examine their policies of judicial killings.
At the UN General Assembly the international community has spoken with a
clear voice that executions are unacceptable. Nations which retain capital
punishment must heed this vital message." Bigger quote about what all of
the above means for the world and a reference to the UN vote."

A large majority of states from all regions adopted a second resolution
calling for a moratorium on the use of the death penalty in the UN General
Assembly (Third Committee) on 20 November. 105 countries voted in favour
of the draft resolution, 48 voted against and 31 abstained. A range of
amendments proposed by a small minority of pro-death penalty countries
were overwhelmingly defeated.

The draft resolution adopted on Thursday by the Third Committee of the
General Assembly has still to be adopted by the General Assembly sitting
in plenary in December.

(source: Amnesty International)