[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Dec. 6


EGYPT:

7 defendants receive death sentences in 2nd Rafah massacre case----Another 22 
defendants received 15 years in prison


The Cairo Criminal Court upheld death sentences on Saturday for Adel Habara and 
6 other militants in the "2nd Rafah massacre" case, according to state media 
reports. The defendants were charged with the killing of 25 police conscripts 
in an ambush on a police convoy in August 2013 in the Abu Tawila region, along 
the international Al-Arish/Rafah road.

Another 22 defendants received 15 years in prison

The court referred Habara and the 6 defendants to the Grand Mufti, last 
October, to confirm their death sentence.

They are charged with committing "terrorist acts" in Northern Sinai and Cairo, 
and collaborating with the extremist group Al-Qaeda.

The "2nd Rafah massacre" occurred in August 2013, following the ouster of 
president Mohamed Morsi.

Habara, allegedly a leading member in the "Ansar and Mujahideen" jihadist 
group, was arrested by North Sinai Security Forces last year in Al-Arish, where 
he was in hiding.

He had earlier been sentenced to death in absentia for participating in the 
2005 Dahab and Taba bombings, which were claimed by Al-Qaeda.

(source: Daily News Egypt)






CAMEROON:

Cameroon's Anti-Terrorism Law - Reversal of Human Freedoms


Legislators in Cameroon have voted in a draft law proposing the death sentence 
for all those guilty of carrying out, abetting or sponsoring acts of terrorism. 
The draft law, which is now being examined by the Cameroon Senate, call for 
punishment acts of terrorism committed by citizens, either individually or in 
complicity, with death.

The draft law also prescribes the death penalty for persons who carry out "any 
activity which can lead to a general revolt of the population or disturb the 
normal functioning of the country" and for "anyone who supplies arms, war 
equipment, bacteria and viruses with the intention of killing."

The same applies for people guilty of kidnapping with terrorist intent, as well 
as for "anyone who directly or indirectly finances acts of terrorism" and for 
"anyone who recruits citizens with the aim of carrying out acts of terrorism."

"This [anti-terrorism] law is manifestly against the fundamental liberties and 
rights of the Cameroonian people ... In the guise of fighting terrorism, the 
government's real intent is to stifle political dissent" - Kah Wallah, leader 
of the Cameroon People's Party

The draft law also punishes people and companies found guilty of promoting 
terrorism, as well as people who give false testimony to administrative and 
judicial authorities in matters of terrorism, with various fines and prison 
terms.

The anti-terrorism law has sparked a wave of criticism across the political 
chessboard - from opposition political leaders to civil society, church 
ministers and trade unions.

"This law is designed to terrorise the people and kill their freedoms," 
opposition leader, John Fru Ndi told IPS.

Kah Wallah, the lone female leader of a political party in Cameroon [the 
Cameroon People's Party], added that "the government is taking us back to the 
worst days of the most barbaric dictatorship --- This law is manifestly against 
the fundamental liberties and rights of the Cameroonian people --- In the guise 
of fighting terrorism, the government's real intent is to stifle political 
dissent."

For Maurice Kamto, a former cabinet minister who resigned to form the Movement 
for the Revival of Cameroon (MRC), President Paul Biya - now in power for 32 
years - is afraid of any popular up-rising that could put his stay in power in 
jeopardy.

"The president has certainly learnt from the lessons coming from Burkina Faso. 
A similar uprising here will sweep his failed presidency under the carpet," he 
said. Facing mounting pressure, President Blaise Compaore of Burkina Faso was 
forced to resign on Oct. 31 after 27 years in office.

Various opposition political leaders and civil society exponents have vowed to 
fight the proposed law to its logical end. "Cameroonians must resist and say no 
to this other manoeuvre ... We will fight this law by every means," Ndi said, 
without elaborating.

However, Jean Mark Bikoko, president of the Public Service Workers' Trade 
Union, already has an idea on how to proceed. In a strongly-worded statement 
released on Dec. 3, Bikoko said that the law "is a veritable declaration of war 
against the people ... The anti-terrorism law has provoked the ire of civil 
society and we will protest on December 10 - International Human Rights Day."

But the government has said it will not falter in the fight against terrorism. 
Justice Minister Laurent Esso told MPs that "Cameroon will never be complicit 
to those whose only agenda is to cause mayhem and destabilise the normal 
functioning of the state."

Counting the costs

In the north of the country, Cameroon's military are combating cross-border 
raids by Nigeria's militant Islamist group Boko Haram. On May 17, President 
Biya along with other regional leaders and French President Francois Holland 
said they were declaring war against Boko Haram.

Cameroon has since deployed thousands of troops in the country's Far North 
Region and plans to send still more troops. Defence Minister Edgar Alain Mebe 
Ngo'o and Delegate General for National Security Martin Mbarga Nguele have 
announced that some 20,000 defence and security forces will be recruited within 
the next 2 years to reinforce the fight against Boko Haram.

However, as the security crisis in the country continues to worsen, Cameroonian 
authorities have been counting the costs, not only in terms of human loss, but 
also in terms of the impacts of the crisis on the economy.

During a special parliamentary plenary session on Nov. 27, Ngo'o said that 
since the crisis escalated eight months ago, Cameroon has so far lost some 40 
soldiers, but killed about 1,000 Boko Haram fighters. "Our defence forces have 
simply been formidable," he said.

But the economic costs of the war are heavy. According to the Minister of the 
Economy, Planning and Regional Development, Emmanuel Nganou Djoumessi, "the 
most affected sectors have been the tourism, transport, trade, agriculture and 
livestock sectors."

He said that "almost all tourism enterprises have been shut down, the number of 
tourists visiting attraction parks like the Waza National Park and the Rhumsiki 
Mountains have gone down drastically, and the hotel occupation rate has dropped 
from 50 % before the crisis to just 10 % today."

In addition, there has been a sharp drop in customs revenue. Although customs 
officials have not tallied the losses, they say they are astronomical.

"There was a border custom post in the Far North Region that used to give us a 
monthly income of CFA 700 million (1.4 million dollars).That customs post has 
been closed down. Can you imagine what the state is losing yearly in customs 
revenue? It's enormous," said the Director-General of Customs, Lissette Libom 
Li-Likeng.

Government spokesman and Communication Minister Issa Tchiroma Bakary told 
journalists in Yaounde that in view of the human, economic and psychological 
losses that Cameroon has been incurring as a result of Boko Haram, a stringent 
law is necessary to contain the militant group.

(source: IPS news)






LEBANON:

Ibrahim proposes Lebanon use death penalty sentences in response to Nusra 
Front: report


Maj. Gen. Abbas Ibrahim, tasked by the government to follow up on the hostage 
crisis, has reportedly proposed that the state carry out death penalty 
sentences against terrorist convicts in retaliation for the possible killing of 
captive servicemen.

As-Safir reported that Ibrahim, who was among several security and government 
officials at an urgent security meeting Friday, proposed that the government 
respond quickly to vengeful acts by ISIS or Nusra Front and carry out death 
penalty sentences issued by the Lebanese judiciary against some terrorists in 
prison.

Ibrahim is the head of General Security and had successfully mediated the 
release of Lebanese held hostage by a Syrian opposition group in 2013 and the 
2014 release of nuns held by Nusra Front, also in Syria.

The meeting, chaired by Prime Minister Tammam Salam Friday, was convened only a 
few hours before Nusra Front said it executed a Lebanese policemen in 
retaliation for the detention of women and children.

The Al-Qaeda-affiliated group was referring to the arrest of 2 women: the wife 
of an ISIS commander and his 2 children, and the ex-wife of ISIS leader Abu 
Bakr al-Baghdadi and her children.

The arrest seemed to be an attempt by the government to use the detainees as a 
bargaining chip in the ongoing negotiations with Nusra Front and ISIS over the 
release of 25 policemen and soldiers held by the groups since clashes near the 
border with Syria in August.

Meanwhile, a media report said the government agreed during the meeting to 
limit negotiations with the militants to Ibrahim and consider the Qatari 
mediator as one of many channels available for officials.

Al-Akhbar quoted ministerial sources who attended a security meeting Friday as 
saying that the general direction was "to limit negotiations to security 
channels, that is through Maj. Gen. Abbas Ibrahim, without closing the door on 
other channels that the 'government might use later in light of developments."

The sources also said that there was consensus in the meeting that the Qatari 
mediator was ineffective and would be dealt with as another channel but not the 
exclusive one.

The Qatari mediator, Syrian Ahmad Khatib, was tasked by Doha to negotiate the 
release of the servicemen.

(source: The Daily Star)



AUSTRALIA/CHINA:

Australian cop's daughter Kalynda Davis and Peter Gardner may face firing squad 
in China for alleged crime


Up to 9 Australians now face the prospect of being executed by firing squads in 
China prisons for drug offences, following the arrests of Sydneysiders Kalynda 
Davis, 22, and Peter Gardner, 25 in the southern metropolis of Guangzhou.

The pair were the latest to be busted trying to smuggle methamphetamine, also 
known as "ice" and "crystal", into Australia from China's drugs hub as part an 
intensifying national anti-narcotics sweep by the administration of Chinese 
president Xi Jinping.

The couple, from the western Sydney suburbs of Penrith and Richmond, were 
allegedly attempting to smuggle 75kg of the drug; now they face a minimum of 
life imprisonment and probably death, according to Chinese lawyers who spoke to 
News Corp Australia.

Wang Jinhe, a lawyer in Guangzhou who has represented several cases involved 
with drug trafficking, said: "76kg of drugs, in my legal career of 15 years, is 
an extremely high amount, record breaking to my knowledge. I'm representing a 
case with an African accused of drug trafficking for of 60kg and I am afraid 
none of them can escape death penalty."

Methamphetamine has emerged in recent years as the region's No. 1 drug scourge 
and its tentacles are fast spreading into Australia.

The Department of Foreign Affairs and Trade is offering consular assistance to 
Davis, Gardner and seven other Australians accused of drug smuggling, all of 
whom are now languishing in harsh Chinese detention centres. But DFAT would 
offer no further comment nor would the Guangzhou police.

It remains unclear whether the pair have been charged yet, but the process to a 
trial can take as long as a year in system that has a conviction rate of over 
99 %, according to Chinese government statistics. Detainees are effectively 
guilty until proven innocent.

In September, the Federal government warned about the possibility of a death 
sentence for drug trafficking after a string of Australian arrests. In the past 
12 months the Chinese government has mounted a major anti-drugs program across 
the country known as Operation Thunder.

"Keeping high pressure on drug traffic is a long-term policy in China, it is 
not a temporary campaign," Mr Wang said.

"With more foreigners in China, there is an increase in foreigners found drug 
trafficking too."

But even a far smaller amount could see offenders face bullets to the head, Xie 
Yanyi, a lawyer in Beijing told News Corp Australia.

"Trafficking of drugs (including meth and heroin) of more than 50 grams could 
lead to (a) death sentence."

Unlike other charges relating to business deals, which have proven 
controversial for some Australians sentenced to prison on China, drug cases are 
relatively cut and dried Mr Xie said.

"And China is taking tougher stance against drug trafficking, since it is a 
universal crime in any legal system, facts are relatively easy to confirm, and 
there is less possibility of political or ideological interpretations to such 
cases," he added.

Until they are officially charged, the families of Davis and Gardner must apply 
for special permission to see them, Mr Xie said. And even after charges are 
laid and sentences handed down, they will only receive one visit from family 
each month. That will remain the same if they escape death, for the rest of 
their lives, he added.

Guangzhou's position in the far south of China means it is the biggest city on 
the Chinese coast close Southeast Asia's Golden Triangle, with major air and 
sealinks via the nearby ports of Hong Kong and Shenzhen. Chinese gangs also 
manufacture huge quantities of the drug as well as having connections to 
notorious Mexican drug cartels.

Chinese authorities have few qualms about executing foreigners for drug 
offences. In July 2 Ugandans were executed. A number of Africans, who are 
prominent in on-the-street drug dealing in big Chinese cities are understood to 
be on death row. In 2010 4 Japanese were shot after being found guilty of drug 
offences.

(source: news.com.au)






INDIA:

'Death Penalty Is Unconstitutional' ---- The former Supreme Court judge says 
the death penalty has to go from our statute books.


Last year, former Supreme Court judge K.T. Thomas created ripples in the 
judicial system when he said the death penalty to Rajiv Gandhi's 3 killers 
would amount to a judicial murder and sought a review of the judgement that he 
had pronounced in 1999. His reasoning was the 3 prisoners had already spent 22 
years in prison in the shadow of death and a death penalty would have amounted 
to a double sentence - life imprisonment, which is for 14 years, and death. In 
an interview to Anuradha Raman, Justice Thomas says the death penalty has to go 
from our statute books.

Why do you want the death penalty abolished now when, as a judge, you had the 
choice of not awarding it?

I took an oath to interpret the law and this oath had nothing to do with my 
predilection. I conferred the death penalty in 6 cases and in all, I was 
discharging my duty as a judge. But I do feel that death penalty should be 
abolished. Punishment must be similar to that of a father who punishes his 
child--with the objective of reforming him. The death sentence is not a 
deterrent. By giving death you are giving away the chance to improve the 
prisoner.

So, do you regret awarding death penalty in the 6 cases?

I was going by the statute books. The question is, how will you rectify a 
wrong? There is always a % % doubt, no matter what evidence is produced and 
argued upon. That's the percentage of human error judges have to deal with. How 
will you ever rectify human errors in cases of death penalty?

What's your reaction to those who say it is a deterrent?

I did a study in Travancore district in Kerala. Before the death sentence in 
the law books there were fewer murders. After it was introduced in the 1950s, 
murders also increased. The death penalty is not a deterrent. It is an 
untested, unresolved myth and I believe the death penalty is unconstitutional. 
The government has to decide under CrPC provisions whether to keep it or not.

(source: Outlook India)






INDONESIA/NEW ZEALAND:

Alleged drug smuggler may have been led astray - cousin


The New Zealand embassy in Jakarta is trying to speak to a New Zealander 
arrested for allegedly smuggling 1.7kg of methamphetamine into Bali.

Antony Glen de Malmanche, 52, is facing the death penalty after he flew into 
Bali from Hong Kong with a suspicious looking package.

The Ministry of Foreign Affairs and Trade says the New Zealand embassy in 
Jakarta has contacted Bali police for an update and to speak with de Malmanche 
direct.

His cousin Jim says he travelled to Hong Kong to see a woman he'd met online 
and may have been led astray by the prospect of love.

"He was looking for a nice lady and he thought he had found one online and look 
what happened."

De Malmanche told police his bride-to-be would also be coming to Bali where 
they planned to marry, airport's head of customs office Budi Harjanto told 
reporters in Bali on Friday.

"Whether it's true or not, we don't know. Maybe it's just a lie, especially 
when we waited for 4 days, the woman is not coming."

De Malmanche was acting suspiciously when taking his luggage on Monday morning.

An X-Ray identified an object in his backpack, which turned out to be a package 
with clear plastic wrapping, wrapped in duct tape, containing 1709 grams of 
crystal methamphetamine.

De Malmanche is facing drugs charges which carry maximum penalties of death and 
a one billion rupiah (NZ$104,400) fine.

De Malmanche is a keen fisherman and diver, according to his social media 
pages.

He attended Freyberg High School in Palmerston North and previously worked as 
an arborist.

Last year his health deteriorated, complaining on Facebook of headaches and 
insomnia.

(source: 3news.co.nz)

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

Life NGO asks govt to cancel executions of 5 people

An NGO has asked the government to call off its plan to execute 5 people by the 
end of this year. The government has also been asked to impose a moratorium on 
the implementation of the death penalty.

"The government must immediately halt plans to carry out executions. Given 
President Joko Widodo's campaign commitments to improve respect for human 
rights, resorting to the death penalty would be a serious stain on the early 
human rights record of his administration," said Rupert Abbott, Amnesty 
International's research director for Southeast Asia and the Pacific, in a 
press statement made available to The Jakarta Post on Saturday.

He said it was proven that the death penalty did not work as deterrent to 
committing crimes, as has been widely perceived.

Previously, junior attorney general for general crimes Basyuni Masyarif 
confirmed that the government was planning to execute 5 people before the end 
of the year.

According to reports, 1 of the 5 individuals facing imminent execution is being 
detained in Tangerang, Banten, while another 2 are being held in Batam, Riau 
Islands, and a further 2 at Nusakambangan maximum security prison in Cilacap, 
Central Java.

The 2 detained at Nusakambangan have reportedly been convicted of murder and 
the remaining 3 of drug-related crimes.

(source: Jakarta Post)