[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Oct. 30



SRI LANKA:

Sri Lanka court awards death penalty to 5 Indian fishermen


5 Indian fishermen, who were arrested by Sri Lankan navy in 2011, have been 
given the death sentence on Thursday.

The Tamil fishermen have been given until November 14 to appeal before the Sri 
Lankan Supreme Court.

The 5 fishermen from Rameshwaram set out to sea from Pamban on November 28, 
2011. A few hours after they crossed the International Maritime Boundary Line 
to fish in Sri Lankan waters, they were picked up by the Sri Lankan Navy.

Instead of following the established convention in such cases - as both India 
and Sri Lanka have been doing in the recent past - the Sri Lankan authorities 
charged them with smuggling narcotic drugs into the country.

In Sri Lanka, drug use is rampant, and the government has stringent punishment 
for the offense.

More than 40 Indians are in Sri Lankan jails for trying to smuggle in drugs, 
and some have already completed over 15 years in prison.

(source: Saharasamay.com)






PAKISTAN:

Death row Scot in Pakistan was shot by radicalised prison guard

The Foreign Office has spoken of continuing concerns over the safety of a Scot 
shot on death row in Pakistan, as an investigation indicates he was attacked by 
a prison guard who was radicalised by an inmate.

Lawyers acting for Mohammad Asghar have called on Prime Minister David Cameron 
to act now to bring him home after reports of the official investigation into 
the shooting appeared in the Pakistani media.

Mr Asghar, from Edinburgh, was sentenced to death in January after being 
convicted of blasphemy for claiming to be a prophet of Islam.

The 70-year-old, who is said to suffer from paranoid schizophrenia, was shot 
and injured in Adiala prison in Rawalpindi last month.

Aamer Anwar, the family's solicitor, said repeated demands by the British 
Government and the British High Commission for the findings of the official 
inquiry into the shooting have been unsuccessful.

But reports in Pakistan indicate that the prison guard who shot Mr Asghar was 
incited to do so by Mumtaz Qadri, a policeman facing the death penalty for 
murdering Punjab governor Salmaan Taseer.

"The accused (the prison guard) was deployed outside the cell of Mumtaz Qadri 
during the incident and he had confessed to taking religious lessons from him," 
a jail official said.

The official's account of events was reportedly supported by three other 
prisoners, who said guards regularly took religious instruction from Qadri.

A Foreign Office spokesman said: "We are deeply concerned about the case of Mr 
Asghar, who was shot while on detention in prison in Pakistan. Consular 
officials continue to monitor his situation and are liaising with the hospital 
and prison authorities.

"We continue to work closely with the Pakistani government on this case. We 
have raised at the highest levels our desire that Mr Asghar's personal security 
is safeguarded, and that he is able to access the vital treatment that his 
medical condition requires, and that there is an urgent investigation into what 
happened.

"We have previously raised our concerns about his wider case, including through 
the former Foreign Secretary, and will continue to do so.

"It is crucial that concerns about Mr Asghar's safety and mental health are 
addressed and also taken into consideration during his appeal, and that his 
documented history of mental illness is taken into account."

Mr Anwar said: "Every minute that Mr Asghar spends in Pakistan jeopardises his 
life as well as those seeking his release.

"The PM must act now and the Foreign and Commonwealth Office needs to stop 
trying to silence the Asghar family and concentrate on bringing Mr Asghar 
home."

On October 17 Mr Asghar's daughter, Jasmine Rana, travelled from Edinburgh to 
present a 70,000-signature petition to Downing Street calling for Mr Cameron to 
intervene in her father's case.

It is understood that Mr Cameron has spoken to his counterpart in Pakistan and 
raised the issue.

(source: Herald Scotland)






INDIA:

Jamiat to seek penalty for officers for trying to frame 6 Muslims


Jamiat Ulama-i-Hind is preparing to go to the Supreme Court to seek punishment 
for officers in Gujarat Police and state administration for attempting to frame 
6 Muslim men acquitted by the apex court in May in the Akshardham terror attack 
case.

The Jamiat faction, headed by Maulana Arshad Madani, will also seek 
compensation for economic losses and personal trauma suffered by the 6 people 
and their families because of their wrongful imprisonment. 4 of the 6, by the 
time they were acquitted, had already spent over 10 years in jail. They had 
been convicted under POTA (and IPC).

"We are preparing to approach the Supreme Court requesting that the people who 
conspired in the case should be punished. This is not a political battle. It is 
a battle for justice. We do not know who operated behind the scenes, the 
faceless politicians. But what is clear from the court's observations is that 
there were police officers and people in the Gujarat administration who 
actively hatched a plot to frame these people. They should be punished," Madani 
told The Indian Express.

Those acquitted include Adambhai Ajmeri, Abdul Qaiyum and Chand Khan, all of 
whom were serving a death penalty before the SC verdict.

The others were Mohammed Salim Hanif Sheikh, sentenced to life imprisonment, 
Abdullamiya Yasinmiya, sentenced to 10-year imprisonment and Altaf Malek, who 
had already served his 5-year term. After being released, all 6 had talked of 
being tortured to extract confessions. Salim had alleged that police asked him 
to choose which case he wanted to be charged with - Akshardham, Haren Pandya or 
Godhra.

'We are all Hindustanis, but not Hindus'

Reacting to a statement from RSS chief Mohan Bhagwat that "all Hindustanis are 
Hindus", Jamiat Ulama-i-Hind president Arshad Madani said: "How can all of us 
in Hindustan be called Hindus? We practice different faiths and beliefs. We are 
all Hindustanis but not Hindus. Can I say that all those in Hindustan are 
Muslims? Even if we agreed with this definition, the rest of the world would 
laugh at us."

On the RSS approach towards Muslims, Madani said: "We think all these moves are 
adding up to take away the space for Muslims and other minorities in our 
democratic framework. It's not about iqtedaar (power) but wajood (identity). 
Our lives are about living as Muslims."

(source: Indian Ewpress)






BANGLADESH:

Death for death designer; Nizami nonchalant as tribunal reads out maximum 
punishment for Al-Badr crimes


He did whatever he could to stop the nation's birth. He led a ruthless militia 
to massacre unarmed civilians during the 1971 Liberation War.

Motiur Rahman Nizami didn't stop there. Towards the end of the war, he, aided 
by the Pakistan army, unleashed his force, Al-Badr Bahini, to wipe out the 
brightest sons and daughters of the soil to cripple the soon-to-be independent 
Bangladesh.

The Jamaat-e-Islami ameer, now 71, never repented for the cold-blooded 
savagery. Instead of being punished for the heinous crimes, he was 
rehabilitated after 1975. Nizami gained immense political clout and went on to 
become a minister during the BNP-led government's tenure from 2001 to 2006.

43 years later, justice caught up with him as a special tribunal yesterday 
sentenced him to hang for the crimes. The tribunal found him to have exercised 
superior responsibility over his subordinates.

"No punishment other than death will be equal to the horrendous crimes for 
which the accused has been found guilty beyond reasonable doubt," Justice M 
Enayetur Rahim, chairman of International Crimes Tribunal-1, said in the 
judgment.

"It is well-proved that the accused being the chief of Islami Chhatra Sangha 
and Al-Badr Bahini whole-heartedly resisted the War of Liberation and also 
actively participated in the crimes against humanity in 1971.

"Justice is to make it sure that the perpetrators have to pay for what they 
have done. Considering the extreme gravity of offences committed, it is indeed 
indispensable to deliver justice to the relatives of brutally murdered 
intellectuals, professionals and unarmed civilians," said the judge.

Nizami was found guilty on 8 of the 16 charges brought against him.

4 charges brought him death: he was involved in the killings of intellectuals, 
murders of 450 civilians and rape in Bausgari and Demra, killings of 52 people 
in Dhulaura, killings of 10 people and rape of 3 women in Karamja.

Nizami was also sentenced to imprisonment for life on the charges of 
involvement in the killing of Kasim Uddin, and 2 others, and Sohrab Ali in 
Pabna, torture and killing at Mohammadpur Physical Training Centre and killing 
of freedom fighters Rumi, Bodi, Jewel and Azad at Old MP Hostel in Dhaka.

Rumi is son of Shaheed Janani Jahanara Imam who initiated the movement for war 
crimes trial in independent Bangladesh. He and his fellow freedom fighters 
Jewel, Azad, Bodi and Jalal were picked up from different places in Dhaka in 
August 1971.

Pakistan army kept them confined to the Old MP Hostel. Except for Jalal, others 
were later killed on Nizami's instructions.

The tribunal, however, acquitted Nizami of the other 8 charges, as the 
prosecution failed to prove his involvement in genocide, killing and 
incitement.

"We are of the unanimous view that there would be failure of justice in case 
capital punishment is not awarded for all the murders forming large scale 
killing as listed in the four charges as the same indubitably trembles the 
collective conscience of mankind," the chief of the 3-member tribunal said, 
pronouncing the verdict in a packed courtroom.

With the execution of the death penalty, other sentences will also merge into 
it.

Nizami, who already got a death sentence in the 10-truck arms haul case, was 
brought to the court premises in a prison van around 9:15am. He was produced 
before the tribunal at 11:00am.

Wearing white Panjabi-paijama, a grey waistcoat and a Jinnah cap, Nizami 
remained calm throughout the 1 1/2-hour court proceedings.

Minutes after getting in the dock, he took off his tupi, kept it on a tray 
attached to the dock and sat on a chair with his hands crossed on his chest.

At the beginning, he was seen mumbling. Later, he sat through the court 
proceedings - quiet. Most of the time, he kept his eyes closed, leaning back in 
the chair. He, however, opened his eyes a few times, rubbed his nose and 
touched his beard.

Justice Enayetur made introductory remarks before reading out the summary of 
the 204-page judgment at 11:05am. Tribunal members Justice Jahangir Hossain and 
Justice Anwarul Haque read out parts of the summary verdict amid tight security 
on and around the court premises.

Nizami, who became Jamaat ameer in November 2000, was arrested on June 29, 2010 
in a lawsuit for hurting religious sentiments. Later, he was shown arrested in 
a war crimes case. He was given death penalty in the sensational 10-truck arms 
haul case in January this year.

So far, 6 top Jamaat leaders, including Nizami, have been sentenced for 
committing crimes in 1971. 3 other top Jamaat leaders are being tried in war 
crimes tribunals set up in 2010 during the tenure of the Awami League-led 
government.

NIZAMI CONTROLLED AL-BADR

As president of Jamaat's then student wing Islami Chhatra Sangha (ICS), Nizami 
was ex-officio chief of Al-Badr Bahini in 1971 and "a civil superior officer in 
its true sense", said the tribunal.

Being the chief of both the ICS (from 1966 to at least September 30, 1971) and 
Al-Badr, he had a superior-subordinate relationship with Al-Badr members.

"It has been proved by both documentary and oral evidence that Al-Badr Bahini 
was formed by the members of ICS over which the accused [Nizami] had exclusive 
control but he did not prevent his subordinates from committing atrocities and 
crimes against humanity during the Liberation War, 1971," it said.

"...as such, he was aware of consequence of his act and conduct that 
substantially encouraged, endorsed, approved, provided moral support to the 
Al-Badr men in committing the killing of intellectuals," the tribunal said.

Nizami's authoritative position in Al-Badr, both as de jure and de facto, is a 
clear indication that he had "effective control" over the members of Al-Badr, 
"the action section" of Jamaat.

And thus he cannot be relieved from the responsibility of planned crimes 
committed by Al-Badr men with whom he had a relationship, said the tribunal 
chairman.

Al-Badr was formed in Jamalpur immediately after the Pakistani army had entered 
the sub-division on April 22, 1971.

Towards the end of the war, Al-Badr members picked up noted intellectuals and 
professionals, who were considered the nation's conscience, from across Dhaka, 
and killed them. Their bodies were dumped at different places in Rayer Bazar 
and Mirpur.

As a leader, Nizami not only took part in crimes against humanity but also 
delivered provocative speeches to incite thousands of his followers to commit 
similar crimes during the Liberation War.

Though the tribunal didn't find him guilty of incitement, it took his speeches 
as an aggravating factor in adjudicating punishment.

On the defence's allegations that Nizami was being tried for political reasons, 
the court said, "We have no hesitation to hold that instant trial of the 
accused is not being held for political purpose. Rather 'the nation' has been 
discharging their unfinished task and obligation to millions of martyrs who 
sacrificed their lives for the Independence of Bangladesh."

The verdict was greeted with cheers by Liberation War veterans outside the 
court and also by the youths who gathered at Shahbagh under the banner of 
Gonojagoron Mancha.

It took about 29 months to complete the proceedings in the war crimes case 
against Nizami.

His defence lawyers denounced the verdict, and said they would appeal against 
it.

"It is the most 'unhappy judgment'. It will not stand at the Appellate 
Division," said defence counsel Tajul Islam.

Following the pronouncement of the verdict, Jamaat-Shibir activists clashed 
with Awami League men and police in several districts, including Sylhet, 
Chapainawabganj and Rajshahi.

Expressing satisfaction, Law Minister Anisul Huq said the government would take 
necessary legal steps to have the appeal hearing completed quickly.

"I am satisfied with the verdict, and the government is also pleased with it," 
the minister told reporters at his Gulshan residence in the capital.

According to the law, a war crimes convict can file appeal with the Supreme 
Court within 30 days from the date of the verdict's pronouncement.

Nizami was taken to Dhaka Central Jail from the tribunal. He was later shifted 
to Kashimpur High Security Jail around 9:30pm.

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

Quasem verdict Sunday----SC judgment on Kamaruzzaman's war crimes appeal likely 
next week


The International Crimes Tribunal-2 yesterday fixed Sunday for delivering 
judgment in the war crimes case against Jamaat-e-Islami leader Mir Quasem Ali, 
around six months after the conclusion of his trial procedures.

Quasem was allegedly the chief of Chittagong Al-Badr, an auxiliary force of 
Pakistani army, and faces 14 charges, including murder committed in the city 
between November and December 16, 1971.

The judgment is going to be delivered just 3 days after Motiur Rahman Nizami, 
the then chief of Al-Badr, was awarded death penalty by the ICT-1 for his 
crimes against humanity during the Liberation War.

Meanwhile, the Supreme Court may hand down its verdict in the appeal filed by 
condemned war criminal Muhammad Kamaruzzaman next week, an SC source said 
yesterday.

The senior assistant secretary general of Jamaat was sentenced to death by 
ICT-2 in May last year for his wartime offences committed in 1971.

QUASEM'S TRIAL

The prosecution sought capital punishment for Mir Quasem, a member of Jamaat's 
central executive council, claiming that they had been able to prove 12 out of 
14 charges. Like always, the defence appealed for his acquittal saying the 
prosecution couldn't prove any charges.

If convicted, the 62-year-old, considered one of the top financiers of Jamaat, 
may face the capital punishment. 6 top Jamaat leaders have already been 
punished for their 1971 crimes and 2 other top notches - Abdus Subhan and ATM 
Azharul Islam - are being tried in the war crimes tribunals.

On May 4, the ICT-2 concluded hearing the closing arguments in Quasem's case 
and kept the case awaiting verdict.

Fixing the verdict date yesterday, Justice Md Mozibur Rahman Miah asked the 
tribunal registrar to issue a warrant so that the jail authority produces 
Quasem before the court by 10:00am on Sunday.

Another member of the tribunal Justice Md Shahinur Islam was present during the 
announcement, though its chairman Justice Obaidul Hassan was on leave.

According to the prosecution, Quasem, president of Jamaat's then student wing 
Islami Chhatra Sangha's (ICS's) Chittagong town unit, colluded with the Pak 
army, Jamaat, and other anti-liberation forces and formed Al-Badr force there 
in 1971.

Several Al-Badr camps were set up in Chittagong under Quasem's leadership for 
torturing and killing pro-liberation people, the prosecution said.

Quasem also had links with the Pak army and was directly involved in crimes 
like abduction, torture and murder in 1971, it claimed.

The prosecution produced 24 witnesses, mostly victims, and documents to prove 
the charges. It, however, could not produce any witness in support of 2 
charges.

Quasem's counsels said their client was indeed involved with the ICS in 1971 
but he had nothing to do with Al-Badr or any torture camp. The defence produced 
three witnesses to prove their claim.

Mir Quasem was born to Mir Tayeb Ali and Rabeya Begum in Munsidangi Sutalori of 
Manikganj on December 31, 1952. He joined the ICS in 1967 when he was studying 
at Chittagong Collegiate School.

Later, he became president of Chittagong College and Chittagong town units of 
the ICS and on November 6, 1971, he became the general secretary of East 
Pakistan ICS, according to prosecution documents.

When the ICS re-emerged as Islami Chhatra Shibir in 1977, he became its 
president and joined Jamaat as an activist in 1980. He now is a member of 
Jamaat's central executive council, the highest policy-making body of the 
Islamist party.

According to a defence petition filed on July 19, 2013, Quasem is the chairman 
of Keari Ltd, a real estate and tourism company; and chairman and director of 
Diganta Media Corporation Ltd that owns Bangla daily Naya Diganta and now 
off-air Diganta TV.

He is the director (marketing) of Ibn Sina Pharmaceutical Industries; chairman 
of Agro Industrial Trust; member secretary of Fouad Al-Khateeb Charity 
Foundation; and chairman of Association of Multipurpose Welfare Agencies of 
Bangladesh, an association of Bangladeshi NGOs.

Quasem also holds management positions in a number of other organisations, 
including Industrialists and Businessmen Welfare Foundation, Allama Iqbal 
Sangsad, Islamic University of Chittagong, Darul Ihsan University, Centre for 
Strategy and Peace Studies, the petition mentioned.

He was the member secretary of Islami Bank Foundation, a sister concern of 
Islami Bank Bangladesh Ltd, it said.

Quasem was arrested on June 17, 2012 following a warrant of the ICT-1.

The tribunal on May 26 took into cognisance the charges pressed by the 
prosecution and indicted him on 14 charges on September 5, 2013. But on 
September 30, the case was transferred to ICT-2.

Among the 14 charges, 2 were related to his alleged involvement in the killing 
of 3 named and several unnamed people in Chittagong while the rest were based 
on abduction, confinement and torture of at least 27 people in different 
incidents.

According to the charges, Al-Badr men, accompanied by the Pak army on several 
occasions, abducted the victims from different places in Chittagong, kept them 
confined to Al-Badr camps, tortured them and killed many of the abductees 
before dumping their bodies in the Karnaphuli river.

Mir Quasem Ali abetted and facilitated the commissioning of the crimes either 
by participating or leading or instancing or planning or instigating the 
Al-Badr men between November and December 16, the charges said.

KAMARUZZAMAN'S APPEAL

The ICT-2 on May 9 last year sentenced Kamaruzzaman, one of the key organisers 
of the infamous Al-Badr force, to death after it found him guilty of mass 
killing, murder, abduction, torture, rape, persecution and abetment of torture 
in the greater Mymensingh district during the country's Liberation War.

Kamaruzzaman submitted his appeal to the apex court on June 6 last year 
challenging the tribunal judgment and seeking acquittal on the charges brought 
against him.

On September 17 this year, a 4-member Appellate Division bench led by Justice 
Surendra Kumar Sinha concluded hearing on the appeal and kept it waiting for 
verdict.

Justice Md Abdul Wahhab Miah, Justice Hasan Foez Siddique and Justice AHM 
Shamsuddin Choudhury Manik are the other members of the bench.

Now that the hearing of arguments in the appeal was completed last month, the 
verdict may be announced anytime next week, according to the highly-placed SC 
source.

Attorney General Mahbubey Alam and Shishir Monir, Kamaruzzaman's lawyer, 
however told The Daily Star that they were not entitled to know when the court 
would deliver the verdict on the appeal.

The SC will register the appeal in its cause-list before the day of announcing 
the judgment, they said.

During the hearing on the appeal, defence counsel SM Shahjahan told the apex 
court that the ICT-2 had convicted and sentenced Kamaruzzaman based on false 
and unfounded documents and evidence, and that he should be acquitted of all 
charges.

The attorney general vehemently opposed Kamaruzzaman's appeal and prayed to the 
SC to affirm the tribunal verdict, saying all the charges against the Jamaat 
leader were proved beyond reasonable doubts.

(source for both: The Daily Star)

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

Nizami's Death Penalty -- Gonojagoron Mancha wants immediate execution


Minutes after the news of the death penalty given to Motiur Rahman Nizami 
reached the Shahbagh intersection yesterday, Gonojagoron Mancha activists 
erupted into exhilarated cheers.

Both factions - one led by Imran H Sarker while another by Kamal Pasha - 
started gathering at Shahbagh since morning.

Demanding immediate execution of the verdict, the groups staged separate 
rallies there where they chanted different slogans like "We demand hanging".

Soon after an International Crimes Tribunal sentenced Jamaat chief Nizami to 
death around 12:30pm for crimes against humanity during the 1971 Liberation 
War, the protesters hugged each other.

Welcoming the verdict, Imran said, "We are happy... This is a victory for the 
people... Justice delivered finally."

"But we want immediate execution of the verdict."

Both factions brought out processions that marched to the TSC on Dhaka 
University campus before returning to Shahbagh intersection.

Kamal Pasha said the judgment reflected the aspirations and hope of the people 
of the country.

Meanwhile, Gonojagoron Mancha activists in Chittagong hailed the verdict and 
demanded immediate execution of it.

Following the verdict, the activists brought out a procession from Cheragi 
Pahar intersection and paraded different thoroughfares in the city.

Coordinator Sharif Chouhan termed the verdict a victory of the Gonojagoran 
Mancha movement.

(source: The Daily Star)