[Deathpenalty] death penalty news----worldwide

Rick Halperin rhalperi at smu.edu
Thu Aug 6 09:09:29 CDT 2015






Aug. 6



SUDAN:

'I'm Born Again': Sudan Frees Pastors Facing Death Penalty----The good news 
behind judge's guilty verdict.


2 jailed South Sudanese pastors have been set free after a judge found them 
guilty, but ruled that they already served their sentences.

Yat Michael and Peter Yen were convicted respectively of breaching the peace 
and managing a criminal or terrorist organization.

Michael and Yen together faced 6 charges, but were not convicted of 4 of them, 
including undermining the constitutional system and espionage - charges which 
carry punishments of the death penalty or life imprisonment.

'I am feeling free because I was in jail for many months. I have become like 
I'm born again," Michael told Christian Solidarity Worldwide (CSW) in a 
statement.

Last December, Michael was imprisoned after preaching at Khartoum Bahri 
Evangelical Church, which had been harassed by the government as Muslim 
investors tried to take it over, according to Morning Star News (MSN). In 
January, Yen was arrested after inquiring about Michael's disappearance. 
Members of the National Intelligence and Security Services, whom many believe 
is run by radical Islamists, were responsible for Michael and Yen's arrests.

"Tell the whole church that God has heard your prayers and the pastors are now 
free. They have been released," one of the wives of the men told MSN.

CT noted the pastors' plight after a recent American attempt to visit "the 
least of these" in jail possibly did more harm than good.

CT's previous coverage of Sudan includes its redesignation as a country of 
particular concern in April and its rise from No. 11 to No. 6 on Open Doors' 
World Watch List. In 2014, Sudan banned the construction of new church 
buildings, arguing that the majority of Christians had left Sudan for South 
Sudan and the remaining Christians did not need more buildings. Prior to this 
ordinance, Sudanese authorities also demolished several churches.

In 2013, Sudanese law enforcement broke into the Khartoum Bahri Evangelical 
Church's compound, beating and arresting Christians.

(source: Christianity Today)






GAZA:

Hamas hands down death penalty to suspected spy


A military court in Gaza sentenced a Palestinian to death by hanging Thursday, 
for alledgedly collaborating with the Israeli enemy, said a source close to the 
court.

The accused, identified only by his initials AS, "was sentenced to death by 
hanging after being convicted of collaborating with the occupier", the term the 
authorities use for Israel, the source said.

The death sentences imposed in the Gaza should theoretically be approved by 
Palestinian President Mahmoud Abbas. But Hamas, the Islamist movement in power 
in Gaza, does not recognize his legitimacy.

Under Palestinian law, "collaborators", murderers and drug traffickers are 
liable to the death penalty.

At least 1 Palestinian accused of "collaboration" with Israel was sentenced to 
death this year in the West Bank.

(source: ynetnews.com)






IRAN----executions

4 Prisoners Hanged For Drug Offences


4 prisoners were hanged in the prison of Yazd (Central Iran), reported the 
official website of the Iranian Judiciary.

The prisoners who were not identified by name were charged with possession and 
trafficking of 11 kilos and 620 grams of heroin, 1180 grams of crystal and 50 
grams of concentrated heroin, said the report.

The executions were carried out on Tuesday morning August 4.

(source: Iran Human Rights)

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

Death Sentence on Alternative Health Practitioner Highlights Alarming Use of 
Capital Punishment in Iran


UN High Commissioner for Human Rights Zeid Ra'ad Al Hussein today expressed 
alarm at the imposition of the death penalty on Mohammad Ali Taheri, the 
founder of a spiritual movement, writer and practitioner of alternative 
medicine theories used in Iran and abroad. Taheri was sentenced to death on 
Saturday by the Revolutionary Court on a charge of Fesad fel Arz (corruption on 
earth).

"Iran's use of the death penalty has long been problematic, with many 
executions on drug offences, several executions of people who were below the 
age of 18 when the crime was committed, as well as other cases where broad, 
ill-defined charges led to the imposition of capital punishment," Zeid said.

"Taheri's multiple convictions on a variety of vague charges, his alleged 
detention in solitary confinement and now his sentencing todeath bring into 
stark focus serious issues with the administration of justice and the terribly 
worrying use of the death penalty in Iran."

The High Commissioner stressed that under international law, and in particular 
the International Covenant on Civil and Political Rights which Iran has 
ratified, in countries which have not abolished the death penalty, it may only 
be used for "the most serious crimes" which has been interpreted to mean only 
crimes involving intentional killing. Even then, the case has to meet stringent 
fair trial standards.

"I call on the Iranian authorities to immediately withdraw the charges against 
Taheri and ensure his unconditional release. For an individual to be sentenced 
to death for peaceful exercise of freedom of expression, religion or belief is 
an absolute outrage - and a clear violation of international human rights law," 
High Commissioner Zeid said.

Iran has reportedly executed more than 600 individuals so far this year. Last 
year, at least 753 people were executed in the country.

"I urge the Government of Iran to immediately impose a moratorium on all 
executions and to work with us and other partners on alternative strategies to 
combat crime," Zeid said.

The UN opposes the use of the death penalty in all circumstances and the global 
trend is towards abolition.

(source: HRA News Agency)






SAUDI ARABIA----executions

Saudi Arabia executes 4 men----Saudi Arabian authorities have executed 2 
Ethiopians, a Pakistani and a Saudi. Human rights activists have condemned what 
they called "a campaign of death" in the conservative kingdom.


Saudi Arabia executed on Wednesday 4 men convicted in different cases, bringing 
the number of executions carried out in the conservative kingdom so far this 
year to at least 100. The 4 executions were carried out by beheading.

2 Ethiopian expatriates were put to death in the south-western city of Jizan on 
charges of murdering a compatriot, according to the Saudi Arabian Interior 
Ministry.

A Saudi citizen was also beheaded in Jizan for shooting dead another Saudi 
during a quarrel, the ministry said.

Meanwhile, a Pakistani man was executed in the western city of Jeddah after he 
was convicted of trying to smuggle drugs into Saudi Arabia.

"Saudi authorities have been on a campaign of death this year," Sarah Leah 
Whitson, Middle East and North Africa director of Human Rights Watch, said in 
June when the number of executions had already exceeded last year's total.

The kingdom has repeatedly rejected calls to end the death penalty, arguing 
that the punishment is aimed at deterring potential offenders. Human rights 
activists raised concerns about the fairness of trials in Saudi Arabia.

Under the country's strict Islamic sharia legal code, crimes such as murder, 
armed robbery, rape and drug trafficking are punishable by death.

(source: Deutsche Welle)


BANGLADESH:

Man to die for killing father


A court here on Monday sentenced a man to death for killing his father over 
land dispute in Kendua upazila of the district in 2006.

The death penalty awardee is Abdul Hakim, 40, of Kutubpur village in the 
upazila.

According to the prosecution, Hakim locked in an altercation with his father 
Budu Miah over a land-related issue on October 8, 2006.

At one stage, he stabbed his father indiscriminately, leaving him dead on the 
spot.

Being informed, police went to the village and arrested Hakim with the help of 
local people. Later, Budu's nephew Riton filed a murder case against Hakim with 
Kendua Police Station.

Police submitted charge sheet against Hakim on November 30 the same year.

After examining the case record and 6 witnesses, Additional District and 
Sessions Judge Abdul Hamid pronounced the verdict.

(source: The Daily Star)






PAKISTAN:

Pakistan executions top 200


The Pakistani government has executed 206 people since resuming executions in 
December, according to figures collated by Reprieve.

Yesterday's hanging of Shafqat Hussain marked Pakistan's 202nd execution since 
a moratorium on the death penalty was lifted late last year. Shafqat was 
executed despite concerns over a 'confession' extracted from him through police 
torture, and evidence suggesting that he was a juvenile at the time of his 
arrest. The issues were never considered by a court, and in the last few months 
of Shafqat's life, the government confiscated key pieces of evidence - 
including his school record - that could have proved his young age. Days before 
the hanging, a statutory human rights body - the Sindh Human Rights Commission 
- reviewed the problems with the case, and recommended that the hanging be 
stayed, and a full inquiry conducted; however, these recommendations were 
ignored by the federal authorities.

The rate at which executions have taken place in Pakistan since December has 
taken the country beyond some of the world's most prolific executioners, 
including Saudi Arabia and the US. The Pakistani government's claim, made 
repeatedly since December, that it is executing 'terrorists' has been called 
into question, including most recently by a Reuters report finding that the 
vast majority of those executed - an estimated 70 % - had no links to 
militancy. With Shafqat's killing, at least 3 juveniles - Shafqat, Aftab 
Bahadur, and Faisal Mehmood - have now been executed since December.

Last week, a group of UN experts - including the Special Rapporteurs on summary 
executions, torture and child rights - urged Pakistan to halt all further 
executions. They said that "most" of the planned hangings "fall short of 
international norms", and called on the government "to continue the moratorium 
on actual executions and to put in place a legal moratorium on the death 
penalty, with a view to its abolition."

Kate Higham, Pakistan caseworker at Reprieve, which was assisting Shafqat, 
said:

"Over 200 prisoners killed since December marks a shocking milestone for 
Pakistan's government. it is especially disturbing given that so many of them, 
Shafqat Hussain included, were hanged in spite of the terrible flaws with their 
convictions. It's now clear that this wave of hangings has nothing to do with 
Pakistan's security. Before any more senseless killings take place, Pakistan's 
government must urgently allow for a full, independent review into the many 
problems with its justice system."

(source: reprieve.org)

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

UN experts urge Pakistan to strengthen protection of children after latest 
execution


United Nations human rights experts today condemned the execution in Pakistan 
of Shafqat Hussein, who was reportedly 14 years old when he was convicted of 
murder, and called on the country to strengthen the protection of children.

"The execution of Shafqat Hussein is regrettable and in flagrant contravention 
of Pakistan's national and international obligations," stated the Chair of the 
UN Committee on the Rights of the Child, Benyam Dawit Mezmur, in a news 
release.

According to media reports, the lawyers for Mr. Hussain, convicted of killing a 
child in 2004, say he was 14 when found guilty and his confession was extracted 
by torture. However, Pakistani officials say there is no proof he was a minor 
when convicted.

The jurisprudence of the Committee on the Rights of the Child states that: 
"[if] there is no proof of age, the child is entitled to a reliable medical or 
social investigation that may establish his/her age and, in the case of 
conflict or inconclusive evidence, the child shall have the right to the rule 
of the benefit of the doubt."

"The Convention on the Rights of the Child and the International Covenant on 
Civil and Political Rights, both of which Pakistan has ratified, are clear, as 
is Pakistani law: the death sentence should not be imposed on a defendant who 
was under 18 at the time of the crime," said Mr. Mezmur.

The Secretary-General's Special Representative on Violence against Children, 
Marta Santos Pais, said the execution is "deeply saddening and goes against 
Pakistan's commitments to children's rights."

Pakistan, she recalled, was one of the main supporters of the World Summit for 
Children in 1990, and was amongst the first States to ratify the Convention on 
the Rights of the Child.

"It is deplorable that Shafqat Hussein was executed following a trial that 
reportedly did not comply with the most stringent requirements of due process 
and that there was not a proper investigation into allegations he confessed 
under torture," both she and Mr. Mezmur stated.

They urged the Pakistani authorities to reinstate the moratorium on the death 
penalty, conduct rigorous investigations into reported cases of children on 
death row, and adults on death row for offences committed while below the age 
of 18, and ensure a prompt and impartial investigation into all alleged acts of 
torture.

"We stand ready to support Pakistan in its efforts to strengthen the protection 
of the rights of the child across its justice system," they said in the 
statement, which was also endorsed by the Special Rapporteur on extrajudicial, 
summary or arbitrary executions, Christof Heyns.

(source: un.org)

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

Pakistani govt defied EU and international law by executing presumed juvenile 
offender: FIDH and HRCP


The International Federation for Human Rights (FIDH) and the Human Rights 
Commission of Pakistan (HRCP) have said that the Pakistani government defied EU 
and international law by executing a presumed juvenile offender.

Both organisations are the members of the World Coalition Against the Death 
Penalty (WCADP).

A statement issued on Wednesday stated that in the early hours of 4 August 
2015, the Pakistani authorities executed Shafqat Hussain, believed to be a 
juvenile offender, in defiance of international law, basic human rights, and 
appeals by civil society, EU and UN officials to stay his execution.

"The execution of Shafqat Hussain is the latest example of Pakistan's complete 
disregard for rule of law and basic human rights," stated FIDH Vice-President 
and Chairperson HRCP Zohra Yusuf, adding that the resumption of executions, 
especially against juvenile offenders, is a stain on Pakistan's reputation and 
must stop immediately.

Shafqat Hussain is believed to have been 14 years old in 2004 when he was 
arrested on murder charges and condemned to death by an "Anti-Terrorism Court". 
Orders for his imminent execution were issued and halted several times in the 
past few years, amid allegations that Hussain's trial and sentence were illegal 
due to his juvenility and having been forced to confess under torture.

The statement further stated that on January 5, Interior Minister Chaudhry 
Nisar halted Hussain's execution that was scheduled for the following week, 
citing information provided by the civil society and his lawyers regarding his 
age, and announced that an investigation would be conducted into the matter.

During the 2 months that followed, no investigation was conducted, and Hussain 
was again scheduled to be executed on 19 March. National and international 
outcry resulted in another stay of his execution just hours before it was due 
to take place, and the Ministry of Interior finally appointed an investigation 
team from the Federal Investigation Authority (FIA) to look into the case.

On April 20, the FIA announced that the investigation, based almost exclusively 
on trial records, had concluded that Hussain had not been a juvenile at the 
time of his alleged crime. The Pakistani civil society has condemned the 
results of the investigation and the FIA as an institution for lack of 
transparency and independence.

In a joint statement by both human right organisations said Pakistan lifted its 
7-year moratorium on the death penalty in December 2014, and has since executed 
almost 200 people, including juvenile offenders.

This is despite the fact that Pakistan has signed and ratified both the 
International Covenant on Civil and Political Rights and the Convention on the 
Rights of the Child, which prohibit the death sentence for crimes committed by 
persons under eighteen years of age.

"The EU cannot stand by and tacitly condone these violations of human rights," 
stated FIDH President Karim Lahidji. "It must take concrete action to show that 
it will not accept the execution of juvenile offenders nor the denial of the 
right to a fair trial in Pakistan."

The FIDH and HRCP urged the government of Pakistan to immediately halt all 
executions, particularly those of juvenile offenders, and to reinstate the 
moratorium on the death penalty as a first step towards abolition.

(source: Daily Times)

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

43 more cases finalised for trial by military courts


As the Supreme Court (SC) upheld the legality of military courts on Wednesday, 
the interior ministry finalised a list of 43 cases which would be tried by 
these special courts.

With the SC judgement made public, the restraining order against the execution 
of 5 terrorists sentenced by military courts in April have also expired. On 
April 16, the apex court had stayed the executions, while hearing the petitions 
challenging the legality of the special courts.

Sources at the interior ministry told Dawn that the committee constituted for 
the scrutiny of the cases had selected these 43 cases from 600 cases of 
terrorism, referred by apex committees in provinces and other territories.

The provincial apex committees send these cases to the interior ministry, for 
scrutiny by the committee which drafts a final list of cases to be tried by 
military courts.

The process has been put in place by the government to ensure that only the 
cases of 'jet black terrorists' are sent to the special courts.

According to sources, the Punjab government had sent 55 cases for review to the 
interior ministry, the government of Khyber Pakhtunkhwa (KP) referred 423 
cases, Sindh forwarded 46 while 54 cases had been sent to the committee for 
trail by military courts. The Islamabad Capital Territory (ICT) had recommended 
seven cases, while 12 cases had been forwarded by Gilgit Baltistan.

The 8 member committee, comprising senior officials of the interior ministry, 
judge advocate general (JAG) branch of the army, advocate general Islamabad and 
officials of the law ministry, scrutinised the cases sent by the provinces.

The final list includes 8 cases from Punjab, 20 from Balochistan, 10 from Sindh 
and 5 from Gilgit Baltistan.

The sources said that among the cases finalised from KP, were those of 
terrorists involved in the attack on the Army Public School, Peshawar, attacks 
on security forces, government buildings, state installations and the killing 
of civilians in the province.

>From Punjab, the list of cases included the accused in the March 3, 2009 attack 
on the Sri Lankan cricket team in Lahore, alleged terrorists involved in the 
killing of 10 under-training wardens in Samanabad's Shama Road in Lahore and in 
a sectarian clash in Rawalpindi's Raja Bazaar on Jan 15, 2013.

The cases from Sindh included those of an accused in the attack on Justice 
Maqbool Baqir, those involved in the Karachi airport attack and sectarian 
killings.

It appears that no case of target killing or extortion has been forwarded by 
the interior ministry to the military courts.

Among the cases from Balochistan are those of accused in terrorist attacks on 
security forces, sectarian killings and cases related to the attacks on the 
Hazara community.

The cases from Gilgit-Baltistan included the murder of a judge of an anti 
terrorism court and the killing of nine mountaineers at Nanga Parbat base camp 
in the Diamer district.

According to the sources, seven cases from Islamabad are still under the 
scrutiny, these include an accused in the murder of FIA special public 
prosecutor Chaudhary Zulfiqar Ali and Shahbaz Bhatti.

According to an official who is privy to the committee???s functioning, the 
committee had short-listed cases of 'jet black terrorists' and dismissed cases 
related to other types of murders or other crimes which could be tried in the 
Anti Terrorism Court (ATA) or the sessions courts.

He also explained that the committee members understand the importance of not 
overburdening the special military courts as it would slow down the hearings, 
defeating the purported purpose of these courts i.e. speedy justice.

Another official told Dawn that with the SC judgment, the military was now 
under obligation to try the alleged terrorists quickly. He added that a 
brigadier level officer would conduct the trial proceedings and the convict may 
file an appeal with a military appellate court.

The appellate forum would be headed by an officer, not below the rank of a 
major general. If the conviction is upheld, the convict can file a mercy 
petition before the Chief of Army Staff, the sources added.

In February this year, a spokesperson for the army announced that 12 cases were 
being tried by the military courts including 6 from Khyber Pakhtunkhwa, 5 from 
Punjab and 1 from Sindh.

On April 2, the army announced that the military courts had awarded the death 
penalty to 6 terrorists. The Supreme Court, on April 16, stayed the execution 
of these death sentences while it was hearing the petitions against the 
constitutional amendment which established the military led courts. However, 
this restraining order expired on Wednesday following the SC judgment being 
made public.

(source: Dawn)

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

Death penalty


Pakistan should not, howsoever, reinstate the moratorium on death penalty 
because it is an internal matter for Pakistan. It is not violating UN 
resolutions and is not against UN security council resolution.

If EU wants Pakistan to impose moratorium on death penalty, then it should 
accommodate all the terrorist in Pakistan by giving them free visas. In 
Pakistan we will neither spare them nor deny them any sort of space and that 
shows Pakistani commitment and resolve to dismantle the tentacles of terrorism 
across Pakistan.

ADNAN IQBAL, Karachi, July 31.

(source: Letter to the Editor, The Nation)




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