[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Oct. 17


IRAN:

Sons of murder victim deny mercy to convicted woman


The last "peace and reconciliation" meeting in the case of Reyhaneh Jabbari, 
sentenced to death for the murder of Morteza Abdolali Sarbandi, culminated 
without a resolution on Wednesday October 15.

The Etemad daily reported on Thursday October 16 that Mohammad Shahriyari, the 
head of the Tehran Criminal Court, said: "The final Peace and Reconciliation 
meeting took place in the presence of Reyhaneh Jabbari, her mother and the 
family of the deceased, and the next of kin did not agree to forego the death 
sentence."

The meeting was attended by Reyhaneh Jabbari, the accused, her family, her 
lawyer, the son of the deceased and Judge Shariyari of the Peace and 
Reconciliation Unit. Jabbari was questioned by Morteza Abdolali Sarbandi's son. 
At the request of both parties, reporters were not allowed in the session.

The son of Morteza Abdolali Sarbandi, the deceased, has been quoted after a 
session on Tuesday as saying that the only way for him to forego his right to 
Qesas and forgive Jabbari is for her "to tell the truth about the incident."

Another son had told Shargh news that Jabbari's mother just cried at the 
meeting like all other meetings. "We only had one condition to forgive her and 
that was for her to tell the truth. It is not just us that think Reyhaneh is 
not telling the truth but even the judges that have handled the case believe 
that she is hiding something."

Sarbandi's son says that when they asked her to tell the truth, she did not 
give a convincing answer. "This issue is still unclear to her and she has not 
felt death," he added.

He went on to say that there will be no more meetings and that his family is 
waiting for the sentence to be executed.

Reyhaneh Jabbari is a 26-year-old woman who was arrested 7 years ago for the 
murder of Morteza Abdolal Sarbandi and sentenced to death.

(source: Radio Zamaneh)






SAUDI ARABIA:

When will the barbarity of beheading end in Saudi Arabia?


Savagery and barbarity still exists in the present era of enlightenment; where 
the days of ignorance of Arabia and the dark ages of Europe and the Roman era 
still lurk in the shadows of today. It is when a state sponsored beheading 
rears its ugly head that we are reminded of the remnants of brutality seen 
during the dark ages gone by, that we seem to have adopted today.

In 2011, at least 82 executions were carried out in Saudi Arabia; more than 
triple the figure of at least 27 executions in 2010. In 2012, a similar number 
of people were executed. The Human Rights Watch (HRW) expressed their concern 
last month over a surge in executions, which saw 19 people being beheaded 
between August 4th and 20th alone. The HRW stated that 8 of those executed had 
been convicted for non-violent offences such as drug trafficking and "sorcery", 
and described the use of the death penalty in their cases as "particularly 
egregious". Rape, murder, apostasy, drug smuggling, sorcery, witchcraft, armed 
robbery are all punishable by death in Saudi Arabia.

A prime example of the flawed Saudi criminal justice system is the case of 
Abdullah Fandi al-Shammari who was found guilty of manslaughter in 1988 for an 
alleged killing that took place in 1983. He was released after paying 
compensation to the family but in 1990 the case was sent to court for a retrial 
by the Supreme Court. He was rearrested and tried for the same crime but on 
murder charges. He spent 30 years on death row and was executed last year. 
Shammari had no access to the file or to any legal assistance, and was not able 
to appeal against the sentence before it was confirmed by the court of 
cassation.

Philip Luther, Amnesty International's director for the Middle East and North 
Africa, said "This case has thrown the country's flawed justice system into 
especially sharp relief, highlighting the serious lack of transparency, 
patently unfair trials, and fatal results."

Similarly, a Sri Lankan domestic worker, Rizana Nafeek, was beheaded for 
allegedly killing a baby in her care. She was only 17 at the time of her 
execution. This is against the jus cogens principle of international law and in 
contravention of the Convention on the Rights of the Child (CRC) to which Saudi 
Arabia is a party to. The CRC prohibits the execution of those less than 18 
years of age at the time of the commission of the alleged offence for which 
they are convicted. Hence, it would not be an exaggeration to say that there is 
lack of transparency, and no legal standards of prosecution are met, even for 
cases involving punishments as severe as death. The convicted may be denied 
legal assistance and despite spending a large proportion of the sentence in 
prison, they may still be executed.

Christof Heyns, the UN special reporter on extrajudicial, summary or arbitrary 
executions, said, "Despite several calls by human rights bodies, Saudi Arabia 
continues to execute individuals with appalling regularity and in flagrant 
disregard of international law standards. The trials are by all accounts 
grossly unfair. Defendants are often not allowed a lawyer and death sentences 
were imposed following confessions obtained under torture. The method of 
execution then aggravates a situation that is already totally unacceptable."

2 days ago, another Pakistani, named Mohammad Yunus Mohammed Shoaib was 
executed in the Eastern province of Qatif for hiding heroin in his gut and 
smuggling it into Saudi Arabia.

His decapitation takes the number of people executed by sword in the 
conservative Gulf nation to 57 this year, compared to 79 people in all of 2013.

Earlier this year, 2 Pakistanis, Abrar Hussein Nizar Hussein and Zahid Khan 
Barkat, were executed after being convicted for drug smuggling. The former was 
executed in the Red Sea city of Jeddah and the latter in Qatif.

There are approximately 4,000 Pakistanis languishing in Saudi prisons, facing 
trial. It is highly ignominious that no legal or consular access is provided to 
the detainees and the incumbent government is taking little responsibility to 
ensure that its citizens are provided with legal and humanitarian assistance. 
Regardless of whatever crime they may have committed, each individual has a 
right to a fair trial and no one can be deprived of the basic, inalienable 
human right. There are many who would indulge in the unnecessary debate of 
whether death penalty should be abolished for such crimes or not, while totally 
ignoring the fact that no matter how guilty a person may be, he or she cannot 
be deprived of the right to a fair trial and due process of law.

The law, as it stands in Saudi Arabia, is the strictest interpretation of 
Shariah, and though some may argue that it has effectively controlled crime, 
one wonders about the fair trial guarantees. As William Blackstone propounds, 
"The law holds that it is better that 10 guilty persons escape, than that 1 
innocent suffer."

This is a globally accepted legal maxim. And therefore, it is the duty of the 
Pakistani government and the consulate in Saudi Arabia to ensure that the 
detainees are accorded due protection of law, especially those who are waiting 
on death row. It must be guaranteed that women and children be detained only as 
a means of last resort and not in a prison like environment which can be 
injurious to their mental and physical wellbeing.

The reality of human rights abuses within the Saudi criminal justice system is 
no secret and hence no stone must be left unturned to ensure protection of 
fundamental human rights of the detainees and those who are innocent to be 
freed. The governments of India and Bangladesh have managed to get many 
detainees free but no serious efforts are being made by the Pakistani 
government in this regard. The human rights organisations and civil society are 
also unmoved by the beheadings of their fellow countrymen.

It is about time that this nation wakes from slumber and strives to protect 
fundamental human rights of the citizens of Pakistan, both within and outside 
the country. Who knows who may fall prey to this injustice one day, without 
even being given a fair trial. Hence, it is the duty of not only the government 
but of every citizen of the country to stand united against this gross, 
flagrant and mass violation of fundamental human rights.

(source: The Express Tribune)

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

Saudi Arabia faces outcry over death sentence for Shia faith leader----Nimr 
Baqir al-Nimr's conviction for sedition adding to unrest and promoting 
sectarian hatred, says Human Rights Watch


Saudi Arabia is facing an international outcry and accusations of promoting 
sectarian hatred after a Shia Muslim religious leader from the country's 
volatile eastern province was sentenced to death.

Sheikh Nimr Baqir al-Nimr, who led protests in Qatif at the height of the Arab 
spring in 2011, was convicted on Wednesday of sedition and other charges in a 
case that has been followed closely by Shias in the kingdom and neighbouring 
Bahrain.

Shia Muslims make up 10%-15% of the population of Sunni-ruled Saudi Arabia, 
which bills itself as playing a lead role in the fight against the jihadis of 
Islamic State (Isis) in Syria and Iraq. Riyadh has supported Sunni groups 
fighting to overthrow Bashar al-Assad but denies backing Isis.

State prosecutors had reportedly asked for Nimr to be crucified. The sentence 
is thought likely to be commuted on appeal.

Nimr was arrested in 2012 and ill-treated during his 2-year detention, much of 
it spent in solitary confinement. He was denied surgery for bullet wounds 
suffered when he was arrested. He was charged with "disobeying the ruler", 
"inciting sectarian strife", and encouraging and leading demonstrations.

In Iran, Saudi Arabia's chief regional rival and the political centre of the 
Shia world, the foreign ministry warned on Thursday that execution would have 
"dire consequences". It called Nimr an ayatollah, giving him the second most 
senior clerical title in the Shia hierarchy. Iran, like Saudi Arabia, uses 
capital punishment.

In London the Foreign Office stated that it was aware of the sentencing, 
adding: "The UK opposes the death penalty as a matter of principle."

The Saudi authorities have portrayed the cleric as an "instigator of discord 
and rioting". But Nimr's supporters and family have denied that he incited 
violence.

In a BBC interview, Nimr said he backed "the roar of the word against 
authorities rather than weapons". The arrest of his brother and other relatives 
after sentencing has fuelled anger that is being ventilated on Twitter and 
other social media.

"Saudi Arabia's harsh treatment of a prominent Shia cleric is only adding to 
existing sectarian discord and unrest," said Joe Stork, deputy Middle East 
director at Human Rights Watch. "Saudi Arabia's path to stability in the 
eastern province lies in ending systematic discrimination against Shia 
citizens, not in death sentences."

Amnesty International described Nimr's sentencing as part of a wider Saudi 
government crackdown on dissent.

Shia and Sunni groups said they were extremely alarmed by the sentence. 
"Ayatollah al-Nimr is a respected Muslim figure in Saudi Arabia," 10 
organisations said in statement. "He is a faith leader, reformist and human 
rights activist, who has campaigned for an end to discriminatory laws against 
the Shia minority. The sentencing will further inflame sectarian tensions and 
provide encouragement to extremist groups such as Isis to continue their 
persecution of religious minorities."

Toby Matthiesen, a Cambridge expert on Saudi Arabia, said: "In the last 2 years 
Nimr has become known by Shia across the world. For many Salafis and Sunnis 
with anti-Shia leanings he has become a real hate figure. In the context of 
Isis, the Saudi royal family is trying to legitimise itself in the eyes of 
Sunnis by being tough. Nimr was a revolutionary who called for non-violent 
protests and the downfall of the Al Saud, but also for Assad to go. He wasn't 
sectarian."

Yusif al-Khoei, of the London-based Al-Khoei Foundation, said he was "appalled" 
by the news and with others was considering boycotting a Saudi-organised 
conference on inter-religious dialogue in Vienna.

(source: The Guardian)


ZIMBABWE:

Death Sentence Not Applicable


Zimbabwe cannot pass the death sentence under the current Constitution unless 
Parliament enacts a law providing for it, a legal expert has said.

This comes amid growing calls to scrap capital punishment from the statutes.

A prominent lawyer, Advocate Thabani Mpofu, said while the old Constitution 
specifically made provisions for the death penalty, the new order left that 
decision to the Legislature.

"This, it achieves through section 48 (2) (of the new Constitution of Zimbabwe) 
which provides that a law may permit the death penalty to be imposed," said Adv 
Mpofu.

His analysis of the law comes after the National Prosecuting Authority 
solicited for his views as a friend of the court in a case in which the NPA 
wants an order for the courts in Zimbabwe not to impose capital punishment on 
murder suspect, Joshua Dube, who is held in a South African prison.

South Africa has refused to extradite Dube who allegedly committed armed 
robbery and rape before fleeing to that country where he was arrested in 2009.

SA does not recognise the death penalty in its statutes and the difference with 
Zimbabwean laws has created a dilemma for the NPA, which has since approached 
the Constitutional Court seeking an undertaking that no death penalty would be 
imposed on such fugitives if extradited for trial here.

In his heads of argument filed at the Constitutional Court, Adv Mpofu made an 
analysis of the law on death penalty in both the old and new Constitutions as 
well as the Criminal Procedure and Evidence Act (CPEA), to arrive at his 
decision. The CPEA as it stands, he said, was not in conformity with the 
Constitution of Zimbabwe on the imposition of the death penalty.

"The CPEA is an existing law and so are its provisions... The question that 
arises is whether it is possible for it to be construed in conformity with the 
Constitution of Zimbabwe," said Adv Mpofu.

"If it is, the death penalty can be passed under it. If it is not so capable, 
that means there is no law contemplated by section 48. That too would be 
consistent with provisions of section 2 (1) of the Constitution of Zimbabwe. It 
has already been noted that CPEA and the Code cannot be construed. Both are 
therefore not requisite existing law."

Adv Mpofu said in view of the differences between section 48 of the 
Constitution and 12 of the old Constitution and current provisions of the CPEA 
and what must be contained in the contemplated Act, the law contemplated under 
section 48 was not yet in existence.

"That being the case, the death penalty cannot at the present stage be lawful. 
It will remain so unless Parliament enacts a law. Parliament must be 
discouraged. No place exists for such barbaric retribution in a civilized 
society."

Adv Mpofu emphasized that section 48 of the Constitution simply gave the 
legislature a blank cheque on the issue. The lawyer, however, said the 
legislature might or might not pass a law providing for the death penalty. In 
the event that it chooses to pass such a law, he said, it should comply with 
certain requirements.

"This was probably the best compromise given the irreconcilable views that the 
parties had on the death penalty," said Adv Mpofu.

(source: The Herald)






INDIA:

Honour killing: Death penalty to 2 including father of girl


A local court has awarded death penalty to 2 accused, including father of a 
girl, in an honour killing case.

Additional District Session Judge S S Sahni announced the verdict on Thursday, 
Public Prosecutor R K Salwan said today.

On December 2012, complainant Sukhdev Singh, lover of the victim, had alleged 
that Rupinder Kaur was brutally killed by her father and uncle as she was 
adamant to marry him against her parents' wishes.

Sukhdev had told the police that Rupinder had told him that she was being 
tortured by her father Balwinder Singh and uncle Baldev Singh for going against 
their wishes.

In the autopsy report, it was established that deceased Rupinder Kaur was first 
given poisonous substance and later she was strangulated to death.

The accused had pleaded before the court that the deceased had committed 
suicide.

(source: Indian Express)

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

'India should end death penalty'


Death penalty in a country like India that carries the message of non-violence 
on the global stage is a paradox, said Robert Badinter, a globally renowned 
lawyer.

"India is a specific unique nation in the world carrying on a message of 
non-violence. But the continuance of death penalty in the country contradicts 
the culture of non-violence symbolised by India," said Badinter at a talk on 
'Death Penalty: The French and the European experience' at India International 
Centre here Thursday.

"Death penalty is inhuman and poison of the society. India has such high 
values, why keep it (death penalty). Get rid of it," said Badinter, who has 
been advocating the abolition of death penalty.

Badinter, who has also served as minister of justice in France, said that death 
penalty is not a deterrent to crime and terrorism.

"Crime is horrible and people must be protected against. But the fact is that 
crime has always been horrible and death penalty is not the solution," he 
added.

"Terrorists have special relationship with death. A man who can blow himself in 
a supermarket and kill 50 people will not be dissuaded by the threat of death 
penalty. He would rather be a hero for others (terrorists)," she added.

Praising the European Union for its stance against death penalty, Badinter said 
that it is the only continent in the world where "fundamental and human rights 
are best guaranteed."

"So much of bloody crime has been committed from this continent, but the death 
penalty has been banned in Europe. It is so much guilty of the horrendous 
crime, that it says no to death penalty," Badinter said, referring to the 2 
World Wars.

(source: Zee News)






PAKISTAN:

Pakistan Court Upholds Death Sentence Against Christian Woman who Drank from 
Well Reserved for Muslims


A Christian woman who was given the death penalty last year for drinking water 
from a well reserved for Muslims in Pakistan has had her appeal against the 
sentence rejected by the Lahore high court.

Breitbart reported on the original case last year, which arose after Aasiya 
Noreen, a fruit picker, stopped to refresh herself during the course of her 
day's work. After she was caught drinking from the same cup used by Muslim 
women, the well was declared "Haram", and Noreen was beaten for the offence, 
before being arrested.

At the time of her conviction, Noreen said: "I have been sentenced to death 
because I was thirsty. I'm a prisoner because I used the same cup as those 
Muslim women, because water served by a Christian woman was regarded as unclean 
by my stupid fellow fruit pickers".

It was alleged during the altercation following the water incident, Noreen made 
negative comments about Islam. Noreen has defended her innocence in the 5 years 
since, insisting her comment went no further than "I think Jesus would see 
things differently than Mohammed", and her lawyer has argued the charge arose 
because of "personal enmity" towards the defendant, rather than a genuine 
grievance, reports the Independent newspaper.

None of the original witnesses were present in court to testify, but a Muslim 
"prayer leader" (Imam) who claimed Noreen, an unrepentant Christian, had 
confessed the crime to him, did. When the Lahore court delivered its verdict to 
maintain the death penalty in this case, Noreen and her defence team reacted 
with shock. Her lawyer promised to keep fighting: "I was expecting the opposite 
decision. We will file an appeal to the Supreme Court of Pakistan in a few 
days".

If the case is lodged at the Supreme court in Islamabad, the debate over 
Noreen's life, which has already lasted 5 years, could drag out for many more. 
It has already sparked significant attention, both at home in Pakistan and 
abroad. U.S. Kentucky Senator and Republic Presidential hopeful Rand Paul has 
said if Noreen wasn't released from death row, foreign aid to the country 
should cease. Lamenting the case, Paul said: "According to her co-workers, she 
insulted the Prophet. In our country, we refer to such quibbling as gossip. In 
Pakistan, if you are a Christian, it can land you on death row".

The matter of religious plurality is an exceptionally controversial one in 
Pakistan, and as this case continues Aasiya Noreen may have trouble finding 
backers. In 2011, 2 senior politicians who spoke out against the blasphemy law 
that Noreen was charged with and publicly supported her cause were 
assassinated. The Pakistani minister for minorities, Shahbaz Bhatti was the 
nation's only Christian cabinet member until his death at the hands of the 
Pakistani Taliban.

(source: breitbart.com)

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

Christian woman convicted of blasphemy in Pakistan loses her appeal against 
death penalty ---- Asia Bibi was found guilty of making derogatory remarks 
about Islam during an argument with neighbours


The Lahore High Court has upheld the death penalty against a Christian woman 
who was convicted of blasphemy in Pakistan 4 years ago, as her lawyers vowed to 
appeal.

Asia Bibi has been on death row since November 2010 after she was found guilty 
of making derogatory remarks about Islam during an argument with neighbours.

Ms Bibi consistently denied the allegations against her, saying they stemmed 
from an argument with a group of women over a pot of water.

Ms Bibi's lawyer, Naeem Shakir, said: "I was expecting the opposite decision. 
We will file an appeal to the Supreme Court of Pakistan in a few days." Gulam 
Mustafa, the complainant???s lawyer, said the court's decision was correct.

"Asia's lawyer tried to prove that the case was registered on a personal enmity 
but he failed to prove that," he said.

3 witnesses allegedly involved in the incident did not appear in court, he 
said. A prayer leader did appear, saying he did not witness the original 
altercation, but that Ms Bibi had confessed.

Ms Bibi's sentence in 2010 sparked condemnation.

2 prominent politicians - Punjab governor Salman Taseer and minorities minister 
Shahbaz Bhatti - were murdered in 2011 after calling for reforms to the 
blasphemy law and describing Ms Bibi's trial as flawed.

(source: Reuters)

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

Convicted: Man sentenced to death for murder


A court sentenced a man to death on Thursday and another to life imprisonment 
for murdering their rival. According to prosecution, Akbar, a resident of Chak 
68-RB, had hacked his rival Sanaullah to death with an axe with help from 
Shafqat, Akhtar and Abdur Rehman. Balochni police had arrested the 4. Jaranwala 
Additional Session Judge Mehmood Harron awarded death penalty to Akbar and life 
imprisonment to Shafqat. Akhtar and Abdur Rehman were ordered to serve 1 year 
in prison each. The court ordered the 4 to pay Rs140,000 as compensation to the 
family of the deceased.

(source: The Tribune)

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

Pakistani Christian Woman's Appeal of Death Sentence Is Rejected


The Lahore High Court of Appeals on Thursday upheld the death sentence of a 
Pakistani Christian woman in a high-profile blasphemy case and dismissed her 
appeal for acquittal.

The defendant, Asia Bibi, 47, a farmworker, was sentenced to death in 2010 
after being convicted of blasphemy. She has denied the accusations, which she 
said stemmed from a dispute with Muslim co-workers.

Ms. Bibi now plans to appeal the decision in the country's Supreme Court, said 
her lawyer, Naeem Shakir. But given huge backlogs at the court, analysts said 
it would probably be at least 3 years before the appeal would be taken up.

The ruling was the latest chapter in a long ordeal for Ms. Bibi, whose case has 
focused international attention on how Pakistan's blasphemy laws have become a 
weapon against religious minorities.

It was also a factor in the 2011 assassination of Salman Taseer, the governor 
of Punjab Province who vociferously campaigned for Ms. Bibi's release and for 
overhaul of the blasphemy codes. Religious conservatives were outraged by Mr. 
Taseer's advocacy, and he was shot dead by his police security guard in 
Islamabad. Months later, his son Shahbaz Ali Taseer was kidnapped by Taliban 
militants and his whereabouts is still unknown.

Meanwhile, Ms. Bibi has languished in prison, and successive governments have 
been reluctant to touch the issue.

Death sentences have rarely been carried out in blasphemy cases, but that is in 
part because such allegations have frequently led to deadly vigilante attacks 
on the accused or their lawyers.

The Lahore courtroom was packed with clerics and members of extremist groups 
who supported the prosecution, and they erupted in celebration upon hearing the 
2-judge panel's decision to dismiss Ms. Bibi's appeal. "Let us celebrate by 
distributing sweets!" said 1 cleric who was reciting verses from the Quran 
throughout the almost 2 1/2-hour court proceeding.

"I am very happy," said Qari Salaam, a co-worker of Ms. Bibi's and the main 
complainant in the case. "The judges have given a verdict on merit, and Asia 
deserved it."

He and other farmworkers accused Ms. Bibi of shouting insults against the 
Prophet Muhammad. But she and her family deny that, saying the workers decided 
to lash out at her because a manager had ordered her to bring water out to the 
workers, and they refused to drink from bowls she had touched.

Joseph Francis from the Center for Legal Aid Assistance and Settlement, an 
group that works for minority rights, called the ruling a bad decision that had 
been forced by religious extremists.

"The court had already made its mind to dismiss the appeal, and the presence of 
Muslim extremist groups in the court further undermined justice," Mr. Francis 
said.

Ms. Bibi's husband, Ashiq Masih, expressed disappointment after the verdict.

"We were hoping for some relief, but alas," Mr. Masih said as he left the 
court.

(source: New York Times)

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

Upholding blasphemy death sentence against Christian woman 'a grave injustice'


A Pakistani court's decision to uphold the death sentence against a Christian 
woman convicted on blasphemy charges is a grave injustice, Amnesty 
International said.

The Lahore High Court today rejected the appeal against the death sentence 
imposed on Asia Bibi, who was sentenced to death in 2010 for allegedly making 
derogatory remarks about the Prophet Muhammad during an argument with a Muslim 
woman.

"This is a grave injustice. Asia Bibi should never have been convicted in the 
first place - still less sentenced to death - and the fact that she could pay 
with her life for an argument is sickening," said David Griffiths, Amnesty 
International's Deputy Asia Pacific Director.

"There were serious concerns about the fairness of Asia Bibi's trial, and her 
mental and physical health has reportedly deteriorated badly during the years 
she has spent in almost total isolation on death row. She should be released 
immediately and the conviction should be quashed."

Asia Bibi's lawyer said after today's verdict that he will file an appeal to 
the Supreme Court.

On 4 January 2011, Punjab Governor Salmaan Taseer was killed by one of his 
security guards after campaigning for Asia Bibi and criticizing Pakistan's 
blasphemy laws. Minorities Minister Shahbaz Bhatti, an outspoken critic of the 
blasphemy laws, was killed by the Pakistani Taliban on 2 March 2011.

"The laws are often used to settle personal vendettas - both against members of 
minority religious groups and Muslims - while individuals facing charges are 
frequently targeted in mob violence. Those who speak out against the laws face 
terrible reprisals. However, the blasphemy laws violate international law and 
must be repealed or reformed immediately to meet international standards," said 
David Griffiths.

(source: Amnesty International)


CHINA:

Former senior railways official given death penalty for bribery


A Beijing court on Friday handed down a death penalty with 2 years' reprieve to 
a former senior railways official on charges of taking bribes.

The Beijing No. 2 Intermediate People's Court also deprived Zhang Shuguang, 
former head of the Railways Ministry's transportation bureau and deputy chief 
engineer, of political rights for life and confiscated all his property.

(source: Xinhua)






INDONESIA:

Indonesia Asks If Death Penalty Can Curb Terrorism----12 years after the deadly 
Bali terror bombing, whose suspects were executed, Indonesia struggles with the 
implications and efficacity of capital punishment


October 12 marked the 12th anniversary of the Bali Bombings in Kuta that killed 
more than 200 people. It came just on the heels of the World Day Against the 
Death Penalty.

The men found guilty of carrying out the Bali bombings were executed. Compared 
to China, Indonesian judges rarely hand out the death penalty, but there has 
been an increase in the number of executions in recent years, raising debate in 
the country about whether killing terrorists is the best way to stop violence.

During a political play staged to mark World Day Against the Death Penalty, in 
the parking lot of the Jakarta art and cultural center Taman Ismail Mazuki, 
three men are forced by armed guards to kneel in front of the audience. "Why 
must we die?" they cry out, before having black hoods placed over their heads. 
The guards then march forward, turn and pretend to shoot the men dead.

The actors then turn to the crowd and shout, "Abolish the death penalty!"

"For us, the death penalty is a failure of justice, the death penalty is 
against the constitution, against the fundamental right to life," says Usman 
Hamid, former head of the leading rights group KONTRAS, which organized this 
event. "As long as the judicial system remains corrupt and open to abuse in 
Indonesia, it'll be very difficult for us to make sure that no mistakes or 
human errors are made in implementing the death penalty."

They staged the play largely to protest the controversial execution of three 
Catholic men in 2006 who were convicted of inciting mass violence between 
Christians and Muslim groups in central Sulawesi. Their executions sparked 
riots in east Indonesia, with demonstrators saying that the men were scapegoats 
and that the evidence against them was highly questionable.

More and more executions

"While I believe that those 3 men were somehow involved in the killings, I am 
sure that there was someone more powerful behind what took place in Central 
Sulawesi," says Mugiyanto, who heads a group called the Association of the 
Families of the Disappeared.

"They were scapegoats," he says. "There is still a very large possibility, with 
the Indonesian system, that the wrong verdict will be handed out."

Indonesia has had the death penalty since its independence in the 1940s, though 
judges have rarely used it ??? and when they did it was only in cases of murder 
with intent or drug trafficking.

But in recent years the types of crimes punishable by death have expanded to 
include terrorism and corruption in time of economic crisis. This has meant a 
dramatic increase in the number of executions.

At the Jakarta demonstration, an activist reads out a letter from Australian 
Brian Deegan, whose son died in the 2003 Bali attack. "The killing of those men 
accused of the bombing will not bring back my son or heal the pain in my 
heart," he wrote.

Support for the ultimate punishment

But many Indonesians disagree with Usman Hamid and the anti-death penalty 
movement. For example, watching the demonstration from afar is a teenage couple 
on a date.

"The punishment should fit the crime," one says. "I totally think that the 
people who did the bombs in Bali should get the death penalty. They killed 
loads of people."

Next to them are 2 poor Bajaj drivers for whom the activists' dramatic 
performance has changed nothing.

"Drug traffickers are responsible for destroying many young lives, the future 
generation," one says. "So there must be a strong punishment for them. The 
death penalty must be handed out."

Political support for the death penalty also remains strong. With no political 
will, the campaign to have it abolished faces an uphill battle.

(source: worldcrunch.com)






BOTSWANA:

Botswana tells red-faced SA it won't spare the noose----Both countries have 
very different laws on capital punishment.


Botswana's defence minister, Ramadeluka Seretse, has insisted that his 
government will not give South Africa an undertaking that a Botswana citizen 
wrongly repatriated to face murder charges will be spared the hangman's noose.

This follows the deportation of the suspect, Edwin Samotse, to Botswana in 
August this year, contrary to South African government policy and a ministerial 
court order.

South Africa's home affairs spokesperson, Mayihlome Tshwete, told amaBhungane 
that there was no possibility that Samotse would be returned to South Africa 
because Botswana had its own sovereign judiciary.

He said the South African authorities were, however, preparing to make 
representations to the Botswana government asking for an assurance that Samotse 
will not be hanged.

South Africa abolished the death penalty in 1995, and Botswana, Lesotho and 
Zimbabwe are the only Southern African countries that retain capital punishment 
for ordinary crimes.

But, according to Zimbabwe???s new Constitution, those under 21 and those older 
than 70 at the time of their conviction cannot be executed.

Corruption?

Tshwete confirmed that 3 home affairs officials are being investigated in 
connection with the illegal deportation of Samotse, but would not say whether 
corruption was suspected.

Seretse said that, when Botswana applied for his extradition, the South 
Africans had asked for an assurance that Botswana would not apply the death 
penalty if he was found guilty, but this had not been given.

He told he Botswana Gazette last month that Samotse would not be returned to 
South Africa. "We cannot hand him over to the South Africans. We have no 
obligation to do so and he allegedly committed an offence here," Seretse said.

"We don't care how he got here, because he is not an illegal immigrant in 
Botswana."

Samotse (26), who was deported directly from a jail in Polokwane, where he was 
being held on August 13 as an illegal immigrant, should first have first passed 
through the Lindela detention centre in Johannesburg.

He had been in South African custody for three years while his extradition was 
being negotiated by the two governments. He allegedly stabbed his girlfriend, 
Tshegofatso Kgati, to death in March 2011 in Francistown, leaving her naked 
body on a bed before skipping over the South African border.

Against minister's orders

The deportation took place despite an order by South Africa's then minister of 
justice, Jeff Radebe, that he should not be extradited to Botswana after the 
authorities there refused to undertake not to execute him if he was convicted.

Samotse is yet to appear in Botswana's High Court.

Meanwhile, a home affairs official told amaBhungane that the department is 
concerned that South Africa could become a destination for people seeking to 
avoid the death penalty in their own countries.

The official, who asked not to be named, said that, because the fugitives could 
not be repatriated, the South African taxpayer would have to pay for their 
indefinite detention.

The official said that the South African police had arrested other illegal 
immigrants from other Southern African countries who had apparently crossed 
into South Africa to avoid execution. But he could not say how many had 
allegedly done so.

--------------------------------------------------------------------------------

Capital punishment stays despite controversy


Capital punishment in Botswana, which on average hangs 1 criminal a year, was 
declared unconstitutional last year, but a later judgment contradicted the 
finding.

In the murder trial of Rodney Masoko, High Court Judge Tshepho Motswagole ruled 
that section 203 of the Penal Code, which enshrines the death penalty, is 
unconstitutional because it does not provide for convicts to plead in 
mitigation where a court has found no extenuating circumstances.

Motswagole found that the section fails to afford people convicted of murder 
equal treatment and seriously undermines the individualisation of the inquiry 
by excluding well-known sentencing principles.

He sentenced Masoko, who killed his girlfriend in 2006, to life imprisonment.

Motswagole's judgment was applauded by human rights attorneys and the Botswana 
Centre for Human Rights but it ran into immediate flak from the directorate of 
public prosecutions (DPP), which issued a press statement announcing that the 
death penalty remained in force.

Stressing that the controversy surrounding the judgment was misleading to the 
public and "regrettable and irresponsible", the DPP pointed to the Court of 
Appeal's 1995 finding that capital punishment was constitutional.

The DPP's stance was confirmed in judgment a month later by another High Court 
judge, Michael Leburu, who found that section 203 "does not say that the court 
should not have regard to mitigating factors".

He condemned 2 men to death for murdering an old man.

Botswana, which retains capital punishment for murder and treason, has executed 
47 convicted criminals since independence in 1966.

According to Amnesty International, Southern African countries that have 
abolished judicial executions are South Africa, Angola, Mozambique and Namibia.

Zambia has made an international commitment not to use the death penalty.

At least 778 people were executed worldwide in 2013. But the number of 
countries carrying out executions dropped from 37 in 1994 to 22 in 2013

(source: Mail & Guardian)






UNITED KINGDOM:

Government blasted for 'dodging obligations' and not pressing for release of 
Brit on death row in Ethiopia ---- Political refugee Andy Tsege 'kidnapped' by 
Ethopia and possibly facing torture


The partner of a British father-of-3 being held on death row after he was 
spirited into Ethiopia has accused the Government of "dodging its obligations" 
by insisting it has no grounds for demanding his release.

Andargachew "Andy" Tsege, 59, was arrested at an airport in Yemen in June, and 
vanished for a fortnight until he reappeared in Ethiopian detention facing a 
death sentence imposed 5 years ago after a trial held in his absence.

The Foreign Office is now facing legal action after it classified Mr Tsege's 
arbitrary disappearance and removal to Ethiopia as "questionable but not a 
criminal matter" and said that despite the risk of torture and the ultimate 
sanction hanging over him it did not feel "entitled" to demand he be returned 
home to London.

Yemi Hailemariam, Mr Tsege's partner and the mother of their 3 children, told 
The Independent she was deeply concerned that Britain was soft-pedalling on his 
case to preserve its relationship with an increasingly important ally in east 
Africa.

Mr Tsege, who came to Britain as a political refugee in 1979 and is a prominent 
dissident campaigning against the Ethiopian regime, is feared by Ms Hailemariam 
and the legal charity Reprieve to be at extreme risk of torture. Electrocution, 
beatings and abuse, which includes tying bottles of water to men's testicles, 
have been reported by detainees, and Mr Tsege's whereabouts has not been 
revealed by the Ethiopian authorities.

Ms Hailemariam said: "For anyone reading what has happened, it must be clear 
that Andy is the victim of a crime. He was kidnapped to Ethiopia and faces the 
death sentence from a trial where he wasn't even represented. He is a political 
prisoner.

The 59-year-old sought asylum in Britain in 1979 after being threatened by 
Ethiopian authorities over his political beliefs (Reprieve) "The Foreign Office 
is dodging its obligations and it is hard to see any other reason than it is to 
preserve Britain's wider relationship with Ethiopia. It is now 117 days that he 
has been in detention and Britain must now say enough is enough."

Reprieve, which has taken up Mr Tsege's case, said it was starting legal action 
against the Government, potentially leading to a judicial review, to force it 
to press for the Briton's immediate release and repatriation.

Maya Foa, director of the Reprieve's death penalty team, said: "Andy Tsege is 
now well into his fourth month of detention and, incredibly, we are no closer 
to knowing where he is or even whether the Ethiopians plan to execute him. The 
UK Government's unwillingness to take action is simply unacceptable."

The father-of-three was en route to Eritrea when he was arrested during a 
2-hour stop over in the Yemeni capital, Sana'a, at the apparent request of the 
Ethiopian authorities, who seem to have had foreknowledge of Mr Tsege's travel 
arrangements.

The Yemeni authorities have claimed the arrest and subsequent transfer of the 
Briton to Ethiopia - without any opportunity to challenge the move - took place 
on the basis of a security agreement between the 2 countries.

In a letter to lawyers for Ms Hailemariam, seen by The Independent, the FCO 
said it accepted "due process" did not appear to have been followed in the case 
but said his disappearance did not amount to a "kidnapping".

It added that it required evidence that a British national was not being 
treated "in line with internationally accepted standards" before it could 
consider approaching local authorities. The letter said: "On the information 
presently available, the Foreign Secretary does not consider that the United 
Kingdom is entitled to demand Mr Tsege's release or his return."

Ms Hailemariam said: "Andy has been abducted and placed on death row on the 
basis of a politically motivated trial. It is difficult to think of 
circumstances that would fall further below ???internationally-accepted 
standards'. What will it take for Britain to demand the return of one of its 
citizens?"

A FCO spokesman said: "The British Embassy in Ethiopia remains in contact with 
the Ethiopian authorities about regular consular access to Mr Tsege in the 
future so we're able to continue to monitor his welfare. We also continue to 
press for reassurances that the death penalty imposed in absentia will not be 
carried out."

The Independent revealed earlier this month that public money is being used to 
train security forces in Ethiopia under a 2 m pounds programme run by the 
Department for International Development (DfID) to fund masters degrees for 75 
Ethiopian officials on improving the accountability of security services.

Material on the DfID website explaining the scheme has since been removed, 
prompting Reprieve to write to International Development Secretary Justine 
Greening asking whether the policy is under review or has been erased "to avoid 
embarrassment".

DfID admitted it had cancelled the masters courses due to "concerns about risk 
and value for money". A source said the decision was not linked to the case of 
Mr Tsege.

(source: The Independent)