[Deathpenalty] death penalty news----worlwide

[Rick Halperin]

Oct. 14



VATICAN CITY/IRAN:

Vatican asks Iran to spare pastor


The Holy See has “expressed its concern” to Iran over the death sentence given 
to a Christian pastor for his conversion from Islam, reports the Catholic 
Herald.

A spokesman for the Bishops’ Conference of England and Wales said: “We are 
concerned at the reports from Iran about the death sentence for Youcef 
Nadarkhani. The Holy See has expressed its concern through diplomatic channels 
and we remain hopeful that the Courts will revoke the death penalty over the 
coming days. Meanwhile, our prayers are with him and his family.”

Youcef Nadarkhani, 33, has been given fresh hope after his case was referred 
back to the country’s lower court following a ruling that the conviction was 
based on “insufficient investigations”.

The Protestant pastor was arrested in the northern city of Rasht in 2009 on 
charges of refusing to reconvert to Islam, and sentenced to death. He was due 
to die for his faith last week.

But following criticism from governments, human rights groups and Christian 
leaders, the regime claimed that he had been condemned not for apostasy but for 
“being a Zionist and a traitor, who had committed security-related crimes”.

(source: Catholic Herald)

*****************

Iran: execution of 6 prisoners in Orumieh and suppression of prisoners in 
Kerman prison


The clerical regime, in continuing the wave of repression and increasing 
executions, has executed 6 others in Orumieh prison on Monday October 10.

The names of 6 victims who were hanged on Monday are: Farhad Islam-Doust, 
Mohammad Jangali, Jamal Sheikh-Zadeh, Farhad Khalkeh, Reza Khalkeh, and Dehghan 
Salamati.

In addition, the Iranian regime has tortured the prisoners in groups and in 
front of each other to create fear and intimidation.

The regime's tortures took 12 prisoners out of the ward and transferred them to 
the prison's information office. They forced the prisoners to go through the 
guards who were equipped with plastic batons and sticks.

While passing through the tunnel of guards, the prisoners were beaten and 
injured by the blows of the guards' batons and sticks. The prisons' deputy, Ali 
Ameri, and The prison's information chief, Akbar Shahabi, ordered and 
supervised these brutal actions.

(source: NCRI)

************************

EU publishes list of Iranian officials under sanction


The European Union has published the names of the 29 Iranian officials under 
sanctions for “violations of human rights including acts such as torture and 
carrying out executions ordered through vague charges and unfair trials.”

The 29 individuals are banned from entering EU countries, and all their assets 
in European countries are to be frozen.

The list contains the names of Islamic Republic judiciary officials as well as 
security forces, Revolutionary Guards and Basij senior members and commanders. 
Iran’s Intelligence Minister Heydar Moslehi and Culture Minister Mohammad 
Hosseiny are also on the list.

Previously, the EU published another list of 32 sanctioned top Islamic Republic 
officials.

While the international community accused Iran of “violating human rights,” 
Iran dismisses such reactions as meddling in the internal affairs of the 
country.

(source: Radio Zamaneh)

**************************

Death Penalty Upheld for 2 Kurdish Political Prisoners


The Supreme Court has upheld the death penalty for two Kurdish political 
prisoners locked up in Rajai-Shahr Prison. Both prisoners, Zanyar Moradi and 
Lughman Moradi, have been verbally notified of the Supreme Court’s ruling.

According to a report by Human Rights Activists News Agency (HRANA), the public 
defender assigned to these cases was unable to confirm the ruling although his 
clients have already been notified verbally by the authorities.

Zanyar Moradi and Lughman Moradi have been accused of killing the son of Friday 
Prayer Imam in Marivan and two members of his entourage on the orders of the 
British Secret Intelligence Services (MI6) and with the help of a Kurdish 
political party. After their confessions were aired on the state television, 
Judge Abolqasem Salvati presiding over the Revolutionary Court, Branch 15, 
sentenced them to be hanged in public.

When Zanyar Moradi and Lughman Moradi were transferred to Rajai-Shahr Prison, 
they wrote a letter detailing the account of physical tortures endured by them 
in prison and declared the confessions false and void since they were obtained 
under means of torture. In their letter, Zanyar Moradi and Lughman Moradi 
further explained that in addition to being severely tortured, they were 
threatened to be raped using a bottle if they didn’t confess to the crime.

(source: HRANA News Agency)






MALAYSIA:

Public Opinion Will Be Taken Into Account Before Abolishing Death Penalty


Public views and opinions must be taken into account concerning the proposal to 
abolish the death penalty in this country, said Minister in the Prime 
Minister's Department Mohamed Nazri Abdul Aziz.

He said any move in this direction has to come from the public as was the case 
when the Internal Security Act (ISA) was urged to be abolished.

"Like the ISA, when we have a lot of members of the public wanting to abolish 
the act, then we follow the majority.

"Public opinion is very important to us, at the moment you cannot really see 
whether the people are in favor of abolishing the death penalty," he told 
reporters after delivering the keynote address at a public event to promote the 
abolition of the death penalty in Malaysia, here, yesterday.

Nazri said although currently there was no discussion on the immediate 
abolishment of the death penalty in Malaysia despite calls from some quarters, 
the government was commited to re-evaluate, re-think and review the capital 
punishment.

Malaysia currently still practices the death penalty and as of last year, there 
were 114 death sentences and another 744 person on death row, while 1 execution 
was reported.

Earlier in his speech, Nazri said in his opinion the death penalty review was a 
timely effort, and was in line with ongoing efforts by the government to review 
outdated laws and several emergency ordinances to introduce new laws which 
complied with the principles of human rights.

"Our task in the government is to find the most humane and effective ways to 
uphold justice for our citizens and humankind in general," he said.

The public event to promote the abolition of the death penalty in Malaysia was 
jointly organised by a delegation of the European Union, the Bar Council 
Malaysia and the Human Rights Commission of Malaysia in conjunction with the 
International Day against the Death Penalty, which is held the 10th of October 
each year.

Ambassador and Head of Delegation of the EU to Malaysia, Vincent Piket in his 
welcoming remarks said, the abolition of the death penalty worldwide was one of 
the main objectives of the EU's human rights policy.

(source: Malaysian Mirror)

*********************

Bar wants death penalty abolishedBar wants death penalty abolished


The Bar Council called on Prime Minister Datuk Seri Najib Razak to abolish the 
death penalty as part of his reform agenda.

Its president, Lim Chee Wee, said Najib must have the political will and not 
adhere to popular opinion on the matter.

“Some political figures may think we need public opinion to move ahead first 
before a political decision is made," he told a press conference after a public 
forum on the abolition of the death penalty yesterday.

"Some will say there is need for a referendum but I think the Prime Minister 
should have the strength and courage to lead us on this issue."

Lim said governments had repealed capital punishment without resorting to 
referendums.

He said the discussion on the death penalty must be done objectively as 
research showed it had not been a deterrent for crime prevention.

“What are the reasons for people to be still in favour of the death penalty? A 
lot of the reasons are emotive and emotional. People don’t realise statistics 
show that when we introduced mandatory death penalty for the Dangerous Drugs 
Act, drug addiction actually went up.

“So we need to raise issues such as these for public understanding and 
awareness."

Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz stressed the 
importance of public movement against the death penalty.

“I must tell you this (abolishing death penalty) has not been discussed in the 
Cabinet. If there is any move towards it, then it has to come from the public," 
he told reporters earlier.

"Just like the Internal Security Act (ISA). When you have members of the public 
wanting to abolish ISA, then we (the government) will follow the majority. 
Public opinion is important. At the moment, you can’t really see whether they 
favour abolition."

Home Minister Datuk Seri Hishammuddin Hussein told the Dewan Rakyat recently 
441 people had been sentenced to death since 1960. As of February this year, 
696 were on death row awaiting execution.

(source: The Malay)

********************

Car Repossessor To Hang For Drug Trafficking


A car repossessor was today sentenced to death by hanging after being found 
guilty of trafficking in 1.614kg of cannabis.

High Court Judge Datuk Abdul Alim Abdullah imposed the penalty on Andi Idham 
Mohamed, 32, after deciding that the defence had failed to cast any reasonable 
doubt on the prosecution''s case.

Andi Idham committed the offence in a Honda Civic car (BEH 6063) along Bandar 
Utama highway in Damansara Utama, Petaling Jaya, about 10.30pm on March 10, 
2008.

The charge under Section 39B(1) of the Dangerous Drugs Act 1952, punishable 
under Section 39B(2) of the same Act carries the mandatory death sentence on 
conviction.

Deputy Public Prosecutor Harris Ong Mohd Jeffery Ong represented the 
prosecution while counsel Mohd Nazri Yahya and Farah Atikah Hasnan defended 
Mohd Idham in the trial which saw 6 prosecution witnesses and 1 defence witness 
testifying.

(source: Bernama)






UGANDA:

Work On Death-Row Syndrome


This week began with both the world day against the death penalty and world 
mental health day (October 10). Furthermore, it marks nearly 4 years since the 
Ugandan Supreme Court delivered their landmark ruling on the death penalty.

The lead petitioner in that case, Susan Kigula, arrives at Kampala High Court 
today for her mitigation hearing resulting from the 2009 judgment. The 
coincidence of these events provides a unique opportunity for Uganda to re-open 
the debate on a frequently overlooked aspect of the Supreme Court decision.

As well as declaring the mandatory imposition of the death penalty to be 
unconstitutional, the Supreme Court identified the concept of death-row 
syndrome as a key determinant in the lawful application of capital punishment.

The syndrome describes the onset of psychological illness as a result of the 
emotional distress of prolonged detention on death row. Dr Julius Muron, 
visiting forensic psychiatrist (Butabika) to Luzira Prison, explains. 
"Death-row syndrome is not a psychiatric classification, but a description of 
behaviour associated with an environment of extreme anxiety."

Dr Muron described the factors affecting those on death-row. "Those who have 
been awaiting death or confirmation of their sentence for a long period of 
time, experience a unique set of stress factors.

Not every death-row inmate necessarily fits the criteria for a medical 
diagnosis of a particular mental illness, but this doesn't negate the fact that 
they are experiencing an extreme psychological condition. They see the gallows 
all the time. They live in constant fear. Even a small shift in the daily 
prison routine can trigger thoughts of 'tomorrow, will it be me?'"

This was echoed by a former death-row inmate, John, who spent over 20 years in 
the Condemned Section of Luzira's Maximum Security Prison.

"Mental illness is common in Condemned and the longer a person stays, the worse 
it gets. It is torture, waking up every day thinking you may be hanged. It 
could happen whenever. Before the last execution, the inmates got just 3 days' 
notice," says John.

In the judgment of Susan Kigula & 417 others, the Supreme Court, held that 
inordinate delay in death-row conditions constitutes cruel, inhuman or 
degrading treatment prohibited by Articles 24 and 44(a) of the Constitution of 
Uganda. Evidence submitted demonstrated that some prisoners had spent up to 20 
years waiting for the Executive to exercise its prerogative of mercy. The court 
subsequently imposed a three-year maximum period on the exercise of the 
prerogative for prisoners who had exhausted all rights of appeal.

Crucially, however, the Supreme Court failed to impose any time limit on the 
judicial process itself. Consequently, death-row inmates still experience long 
delays while exercising their right to appeal - sometimes up to 10 years. This 
breaches Article 28 of the Constitution, which provides for the right to a fair 
hearing, including the delivery of a fair and speedy trial. There is little 
doubt that such delays in both the Executive and Judiciary contribute to the 
onset of death-row syndrome in the Condemned Section.

Dr Muron emphasised this point. "The main stress-factor affecting inmates on 
death-row is the criminal justice process. For those with mental illnesses, 
delays in the trial process often lead to relapse. It is frustrating for the 
prison staff and health workers to watch this happen."

For mental health experts, the need for further urgent action is plain. As Dr 
Muron summarised, "what we need, is a fair system and the resources to 
investigate and provide justice in the courts of law. Highlighting the issue of 
death-row syndrome is a starting point. It sends a long-awaited message calling 
for change."

(source: Opinion; This article was co-authored by Anisha Patel and Ciaran 
Cross, both of Basic Needs Foundation Uganda (BNFU); All Africa News)