[Deathpenalty] [SPAM] death penalty news----worldwide

[Rick Halperin]

Feb. 15


UNITED ARAB EMIRATES:

Death penalty likely for drug smugglers who fired at police in Abu Dhabi----2 
accused confess to smuggling in 20kg hashish across the border


2 men accused of smuggling narcotics and firing at police officers while 
resisting arrest could get the death penalty, the Public Prosecution said on 
Wednesday.

The suspects, 26-year-old Emirati M.K.S and 20-year-old Yemeni F.A.A, have been 
charged with using, smuggling and possessing a narcotic substance (hashish) for 
the purpose of trading, possessing an unlicensed firearm and resisting law 
enforcement officers.

At hearings on Tuesday and Wednesday, they confessed to smuggling in 20kg of 
hashish through the UAE's borders with a neighbouring country by hiding it in 
their car's spare tyre. The suspects confessed they set up a meeting with 
buyers — who were undercover officers — to sell the drugs.

After confirming the availability of the drugs and the money that was agreed 
on, the officers attempted to arrest the suspects, resulting in one of the 
suspects opening fire on the two officers with an unlicensed firearm.

The suspect who fired at the officers fled the scene, but Abu Dhabi Police, in 
cooperation with Criminal Investigation Department officers, was able to arrest 
him when he tried to flee the country through the Al Madam area.

The AD Public Prosecution ordered the imprisonment of the 2 suspects pending 
the completion of the investigation. Abu Dhabi's Attorney General also issued a 
resolution to set up a committee to look into the case.

(source: Gulf News)






IRAN----execution

1 prisoner was hanged in western Iran


1 prisoner was hanged in the prison of Zanjan, reported the state run Iranian 
news agency ISNA.

According to the report the prisoner, who was not identified by name, was 
convicted of participation in armed robbery and disruption of order. The 
execution took place inside Zanjan’s prison yesterday February 14, said the 
report.

(source: Iran Human Rights)

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

Execution of Children and Iran’s New Penal Code


Within the past few days, much controversy and confusion has ensued over Iran’s 
amendments to those provisions in its Penal Code that pertain to juvenile 
justice. Government authorities have praised themselves for bringing Iran into 
compliance with its international obligation to not execute individuals under 
the age of eighteen. Reporters and commentators have expressed praise, mixed 
with doubt and confusion, about how the amendments can bring about the 
abolition of the death penalty for children in conflict with the law. This note 
discusses some of the flaws and contradictions that are apparent in the Code 
and fundamentally limit its effectiveness in terms of preventing the execution 
of children.

Our analysis should begin with defining two distinct yet interrelated concepts: 
the minimum age of criminal responsibility and the age of majority.

- The minimum age of criminal responsibility is the minimum age below which 
children are presumed not to have the capacity to infringe the penal law. 
Articles 145 and 146 of the Code put this age (referred to in the Code as the 
age of maturity)- at 9 for girls and 15 for boys.

- The age of majority is, by contrast, the age after which individuals are held 
to fully comprehend the consequences of their criminal decisions and are to be 
punished as adults. The Code does not provide a clear definition of this age. 
Its provisions suggest, however, that it is the internationally accepted age of 
18.

As commentators, it is imperative that we do not collapse these 2 concepts into 
each other so that we can arrive at a realistic assessment of the promises and 
limitations of the new code.

Age of Majority

The standards of international law as contained in the Convention on the Rights 
of the Child (CRC) are clear with respect to the age of majority: Individuals 
do not reach it until they become eighteen. As a signatory to the CRC, Iran 
must respect this definition and prohibit the use of adult punishments 
including the death penalty for all individuals who were under the age of 18 at 
the time of committing an offence.

The New Code is a welcome but insufficient step in this direction. Its 
relatively progressive character relates to those provisions of it that divert 
under-18 offenders away from the criminal system and to correctional centers. 
Its insufficiency lies in the exception however that it carves out for crimes 
that incur the punishment of had and qesas. Article 90 of the Code provides 
that mature under-18 individuals (i.e., boys between the ages of 15 and 18 and 
girls between the ages of 9 and 18) who are convicted of had and qesas crimes 
may be exempted from adult sentences including the death penalty if [and this 
is an enormously consequential if] they establish that they were not mentally 
mature and developed at the time of committing the crime, and could not 
recognize and appreciate the nature and consequences of their action. This in 
effect means that there is an implied presumption in favor of execution in 
cases of had and qesas involving juveniles and the presumption can be only 
rebutted with evidence of mental immaturity. Iran as such remains in violation 
of its international obligations under the CRC which contains an absolute 
prohibition against the execution of under-eighteen individuals.

It must be noted that this penal arrangement will affect girl offenders in 
particular as their age of criminal responsibility is 6 years below that of 
their male counterparts. Accordingly, they have to face the prospect of adult 
sentencing in cases of had and qesas after the age of 9 while boys have to face 
that only after the age of 15. One might want to hope that the 2nd addendum to 
Article 87, which provides for correctional measures in cases of had and qesas 
involving “immature" juveniles between the ages of 12 and 15, will save young 
girl offenders from this bleak prospect; however, this is not likely because 
the provision is directed at immature juveniles and girls are considered to be 
mature after the age of 9. It is needless to say that this approach to juvenile 
penal law is discriminatory and places Iran, yet again, in breach of its 
obligations under the CRC which requires states to protect the rights of 
children “without discrimination of any kind, irrespective of the child’s or 
his or her parent’s or legal guardian’s race, color, sex, language, religion, 
political or other opinion, national, ethnic or social origin, property, 
disability, birth or other status.”

Minimum Age of Criminal Responsibility

The recent amendments to the Code also perpetuate a problem that has long been 
recognized as one of the fundamental flaws of Iran’s juvenile penal law and 
that is the conflation of the minimum age of criminal responsibility with the 
age of majority. As noted at the outset, the minimum age of criminal 
responsibility is simply about that minimum age below which children should be 
presumed not to have the capacity to infringe penal law. This is and should be 
entirely different from the age of majority which is the age at which one may 
be treated and punished as an adult. Iran’s penal system has often took the 
minimum age of criminal responsibility for the age of majority, thus allowing 
individuals under the age of 18 to be treated and sentenced as adults as soon 
they reach the minimum age of criminal responsibility. The New Penal Code is a 
partial and inadequate attempt at addressing this flaw.

- Its Article 87 and 88 define a range of correctional measures for individuals 
between the ages of 12 and 15, and 15 and 18 who are convicted of ta’zir 
crimes. These articles make no reference to the word maturity and can be 
therefore safely assumed to apply to both girls and boys. As such, they close 
the sentential gap, at least in so far as ta’zir punishments are concerned, 
that previously allowed children, primarily girls, to be treated and punished 
as adults as soon they passed the age of minimum criminal responsibility.

- The Code fails to extend this positive provision to crimes that incur the 
punishments of had and qesas however. The 2nd addendum to Article 87 holds that 
correctional measures are available for “immature” individuals between the ages 
of 12 and 15 who are convicted of had and qesas offences. The inclusion of the 
adjective “immature” in the addendum renders this clause unintelligible however 
for it means that girls are excluded from the scope of the Article’s 
application. It is not clear if this has been indeed the intention of the 
parliament because the Article because boys between the ages of 12 and 15 are 
already exempt from criminal responsibility and are diverted to correctional 
and rehabilitative centers under Articles 145 to 147 of the Code. The anomalous 
result of all this is that girls as young as nine continue to be vulnerable to 
adult sentences including the death penalty in had and qesas cases.

In order to avert this injustice, Iran’s Penal system must, among other things, 
increase the minimum age of criminal responsibility for girls, making it the 
same as that for boys. Should Iran want to change the minimum age of criminal 
responsibility for both genders, it must ensure that this age is defined in 
accordance with the current state of knowledge about emotional, mental, and 
intellectual maturity and the recommendations of the Beijing Rules and the 
Committee on the Rights of the Child. The Beijing Rules acknowledge that 
history and culture inform the choices of each state as to setting a minimum 
age of criminal responsibility; however, they note that the age must not be 
fixed at too low a level so that the concept of responsibility would become 
meaningless. In this relation, the Committee on the Rights of the Child has 
noted that a minimum age of criminal responsibility below the age of 12 years 
is “not internationally acceptable.” According to the Committee, “a higher 
minimum age of criminal responsibility, for instance 14 or 16 years of age, 
contributes to a juvenile justice system which, in accordance with article 40 
(3) (b) of CRC, deals with children in conflict with the law without resorting 
to judicial proceedings, providing that the child’s human rights and legal 
safeguards are fully respected.”

Concluding Statements

Iran must comply with its obligation under the CRC to not execute individuals 
for crimes committed when under the age of eighteen and in doing so must remove 
all express and implied exceptions in its Penal Code including Article 90 that 
are inconsistent with the absolute prohibition against execution of children 
under international law.

Iran must further define the minimum of age of criminal responsibility in its 
penal system in accordance with the current state of knowledge about emotional, 
mental, and intellectual maturity and without distinction and discrimination as 
to sex and gender.

Finally, Iran must provide for a range of appropriate correctional and 
rehabilitative measures for above the minimum age of criminal responsibility 
minors who come into conflict with the law, and therefore refrain from 
conflating the minimum of age of criminal responsibility with the age of 
majority in its sentencing practices. (source: Justice For Iran)






BANGLADESH:

JS nods capital punishment for human trafficking


Parliament has passed the Human Trafficking Prevention and Control Act-2012 
incorporating the provision of capital punishment for the heinous offence.

The law proposes more punishment in case of involvement in a gang in 
trafficking than a crime by an individual. In the law, there are provisions of 
punishment for provocation, conspiracy, attempt and coercion in terms of human 
trafficking.

It also proposes to set up a special tribunal for speedy resolution of the 
disputes.

Home minister Shahara Khatun placed the bill during Wednesday's session. The 
bill was passed after being put to voice vote by speaker Abdul Hamid.

In terms of individual crime, a man has to face a minimum of five years of 
jail, and a maximum of life term and pay minimum Taka 50,000 as fine.

In case of involvement in a gang, each member of the gang will be sentenced for 
minimum seven years' imprisonment or will be awarded death penalty with the 
minimum fine amount of Tk 500,000.

Shahara said that it had not been possible to prevent human trafficking due to 
the lack of a specific law. "Many are becoming victim of harassment after going 
abroad on false assurance of good jobs by the traffickers.

"The initiative to formulate the law has been taken to get rid of it."

If anyone conspires for human trafficking, the person will be awarded minimum 
three years' imprisonment, and maximum seven years and/or fined Tk 20,000.

Setting up of brothels and running the sex trade with the trafficked persons 
will also be considered as crime, punishable with maximum seven years' 
imprisonment and Tk 20,000 by way of penalty.

The miscreants will be awarded five to 12 years of jail term with a fine of Tk 
50,000 if s/he forces any individual to engage in sexual exploitation, labour 
or confines anywhere in the name of shelter through threat, taking advantage of 
one's vulnerability or by any other means.

The cabinet on July 6 last year approved the draft of 'Human Trafficking 
Prevention and Control Act-2011'. The Human Trafficking Prevention and Control 
ordinance was enforced on Nov 21 that secured the approval of the cabinet on 
Jan 16.

The bill was placed in parliament on Feb 6, which was passed as a law, along 
with the recommendations of the relevant parliamentary standing committee.

Setting up of brothels and running the sex trade with the trafficked persons 
will also be considered as crime, punishable with maximum seven years' 
imprisonment and Tk 20,000 penalty.

For false cases under the act, the offender will be jailed for a maximum of 5 
years.

Under the law, the government can set up tribunal comprising the judges, 
ranking similar to sessions judges and additional sessions judges, to ensure 
speedy trial, and the dispute has to be settled within 180 days.

(source: Bangladesh News)






SAUDI ARABIA:

URGENT ACTION APPEAL
- From Amnesty International USA

----------------------------------
For a print-friendly version of this Urgent Action (PDF):
http://www.amnestyusa.org/actioncenter/actions/uaa05012.pdf

UA: 50/12
Issue Date: 15 February 2012
Country: Saudi Arabia

THREE MEN AT RISK OF EXECUTION IN SAUDI ARABIA
Three foreign nationals convicted of drugs related offenses are at risk of 
execution in Saudi Arabia
against the backdrop of an upsurge of executions since the beginning of 2012. 
Two other men were
executed on 14 February for similar offenses.

Ali Agirdas, a Turkish national, and Sheikh Mastan and Hamza Abu Bakir, both 
Indian nationals, may
be executed at any time for drugs related offenses.

Ali Agirdas, aged 31, was arrested on 24 February 2007 for allegedly smuggling 
drugs in Riyadh and
was convicted and sentenced to death by a General Court in Riyadh, the capital 
of Saudi Arabia, on
18 June 2008. His sentence is being considered by the Supreme Judicial Council, 
headed by the King,
which can approve his sentence at any time. Ali Agirdas did not have a lawyer 
or an interpreter
during his interrogation. He was only assisted by a lawyer during his appeal.

Sheikh Mastan and Hamza Abu Bakir are currently held in al-Dammam Prison in the 
Eastern Province of
Saudi Arabia. They were arrested in January 2004 on charges of drug possession 
and sentenced to
death by a court in al-Dammam in June 2006. Very little is known about their 
trial except that their
sentences are said to have been upheld on appeal.

Concern over the fate of the men has increased following eight executions that 
have reportedly taken
place since the start of 2012 of which five were for drugs related offenses, 
including two that took
place on 14 February.

Death sentences imposed for drugs related offenses do not fall into the 
category of "most serious
crimes" embodied in international standards such as the UN Safeguards. These 
require that the scope
of crimes punishable by death "should not go beyond intentional crimes with 
lethal or other
extremely grave consequences."

Please write immediately in English, Arabic or your own language:
- Urge the King of Saudi Arabia to halt the execution of Ali Agirdas, Sheikh 
Mastan and Hamza Abu
Bakir;
- Urge the King to commute their sentences and to impose an immediate 
moratorium on all executions
as a first step towards the abolition of the death penalty in Saudi Arabia;
- Remind the authorities that, pending full abolition, they should act in 
accordance with
international standards and limit the use of the death penalty to "most serious 
crimes", and ensure
that it may only be imposed after a fair trial in which the defendant is given 
adequate legal
assistance.

PLEASE SEND APPEALS BEFORE 28 MARCH 2012 TO:

King
His Majesty King Abdullah Bin Abdul Aziz Al Saud
The Custodian of the two Holy Mosques
Office of His Majesty the King
Royal Court, Riyadh
KINGDOM OF SAUDI ARABIA
Fax: (via Ministry of the Interior)
011 966 1 403 3125 (please keep trying)
Salutation: Your Majesty

Crown Prince and Minister of the Interior
His Royal Highness Prince Naif Bin Abdul Aziz Al Saud
Ministry of the Interior,
P.O. Box 2933, Airport Road
Riyadh 11134
KINGDOM OF SAUDI ARABIA
Fax: 011 966 1 403 3125
(please keep trying)
Salutation: Your Royal Highness

And copies to:

President, Human Rights Commission
Bandar Mohammed 'Abdullah al-Aiban
Human Rights Commission
P.O. Box 58889,
King Fahad Road, Building No. 373, Riyadh 11515
KINGDOM OF SAUDI ARABIA
Email: hrc at haq-ksa.org

Ambassador Adel A. Al-Jubeir
Royal Embassy of Saudi Arabia
601 New Hampshire Ave. NW
Washington DC 20037
Fax: 1 202 944 5983
Email: info at saudiembassy.net

Please check with the AIUSA Urgent Action Office if sending appeals after the 
above date.

ADDITIONAL INFORMATION
Amnesty International is seriously concerned for more than 100 prisoners who 
are currently known to
be under sentence of death in Saudi Arabia for alleged drugs related offenses. 
Most of them are
foreign nationals and are said to have been sentenced to death in trials that 
failed to meet
international standards for fair trial; some apparently were not granted legal 
assistance.

In Saudi Arabia there have been disturbing patterns of discrimination against 
vulnerable
individuals. Many of those executed over the past years were foreign nationals, 
mostly migrant
workers from poor and developing countries. Amnesty International has recorded 
some 80 executions
for 2011, around triple the figure of 27 for 2010. In 2009, at least 69 people 
are known to have
been executed, in 2008 at least 102, and in 2007 at least 158.

Saudi Arabia applies the death penalty for a wide range of offenses. Court 
proceedings fall far
short of international standards for fair trial. Defendants are rarely allowed 
formal representation
by lawyers, and in many cases are not informed of the progress of legal 
proceedings against them.
They may be convicted solely on the basis of "confessions" obtained under 
duress or deception.

In a report published in 2008 on the use of the death penalty in Saudi Arabia, 
Amnesty International
highlighted the extensive use of the death penalty as well as the 
disproportionately high number of
executions of foreign nationals from developing countries. For further 
information please see Saudi
Arabia: Affront to Justice: Death Penalty in Saudi Arabia, 14 October 
2008:http://www.amnesty.org/en/news-and-updates/report/saudi-arabia-executions-target-foreign-nationals-
20081014

Ali Agirdas was the subject of an Urgent Action in 2009, UA 302/09
http://www.amnesty.org/en/library/info/MDE23/033/2009/en and Sheikh Mastan and 
Hamza Abu Bakir were
the subject of an Urgent Action in 2007, UA 309/07
http://www.amnesty.org/en/library/info/MDE23/047/2008/en

Name: Ali Agirdas (m), Sheikh Mastan (m) and Hamza Abu Bakir (m)
Issue(s): Death penalty
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