[Deathpenalty] death penalty news----worldwide

Rick Halperin rhalperi at smu.edu
Mon Jun 22 10:15:40 CDT 2015





June 22



PAKISTAN:

Pakistan considers blasphemy law overhaul



Pakistan is considering blasphemy law reforms.

The last time a lawmaker messed with the law, he was assassinated. In 2008, 
Salman Taseer, the 26th governor of Punjab province, advocated for Asia Bibi's 
release from jail. She is the Christian woman who faces the death penalty for 
apostasy and was convicted under the blasphemy law.

Not only did Taseer advocate her release, he also said the President would 
annul her death sentence.

The announcement triggered mass protests. Imams in the local mosques accused 
Taseer of defying Mohammed. In early 2011, Taseer's security guard assassinated 
him. What has changed in 4 years? Bruce Allen of Forgotten Missionaries 
International credits international pressure.

The chair of the U.S. Commission on International Religious Freedom noted the 
gravity of religious freedom violations and called for the country to be 
designated a country of particular concern (CPC). That might have given the 
country's legislators the push they needed. Allen says, "Pakistan wants to be a 
member of the world community. Lawmakers finally did draft this bill to revise 
the current blasphemy laws, to kind of get rid of some of the very easy 
abuses."

Though the constitution guarantees religious freedom, Christians increasingly 
suffer under Pakistan's blasphemy laws. One law stipulates that any person who 
defiles the name of the prophet Muhammad or the Quran may be punished by life 
in prison or death.

The problem, say the Christians, is that the laws are loosely written and open 
to a wide interpretation. Accusations settle scores between feuding neighbors. 
The accused have little hope of defending themselves because the charge of 
blasphemy by a Muslim usually serves as sufficient evidence of the crime.

Attempts at tightening the language of the laws have been on and off since 
2000. When the reform issue gained worldwide attention in 2010-2011 after Asia 
Bibi's sentencing, Islamist political parties lobbied to keep the laws intact. 
Yet lawmakers are facing the issue once more.

What they have is the draft of a bill that tightens up the loopholes. Allen 
cautions against premature celebration. "It's not been signed into law yet. 
According to the rules of the Pakistani senate, the bill has to pass through 3 
different readings by the lawmakers before being voted upon."

Although it's a step forward, Allen says the bill has a long way to go yet. 
Because it deals with matters pertaining to the Islamic religion itself, any 
member of the senate may raise an objection that the bill is "repugnant to the 
injunctions of Islam," he explains. "So, if any one of the members raise that 
objection, then the Senate may, by a motion approved by not less than 2/5 of 
the total membership, refer the question to the Islamic council of ideology." 
>From there, the council considers this question: "What we're doing to the law, 
in reforming it, is it going against Islam?"

Meanwhile, the inter-religious tensions are worsening. FMI considers 
persecution part and parcel of their training. Allen explains, "We take them 
back to Scripture, even in any of the ongoing training sessions that we have 
with the pastors. We're reminding them, 'This is your responsibility to the 
people that you're a shepherd for. Take them back to Scripture.'"

Through partnerships and friendships, church leaders are able to keep working 
despite increasing stressors. Allen says encouragement from other followers of 
Christ (like you) makes a difference. "It happened today with some of the 
e-mails that we received from Mission Network News listeners of the prayers 
that they are praying for their brothers and sisters in a place like Pakistan 
or other countries in which we serve, and we share that with them."

(source: Mission Network News)








EGYPT:

Egypt to issue new laws on terrorism, parliamentary immunity----Egypt's cabinet 
is discuss a new draft anti-terror law aimed at toughening penalties on the 
funding of terrorist activities and organisations



Egypt's Minister of Parliamentary Affairs and Transitional Justice Ibrahim 
Al-Heneidy disclosed Sunday that the justice ministry has finalised drafting a 
new law aimed at cracking down on terrorist crimes.

"The new 52-article anti-terrorism law is primarily aimed at stemming the tide 
of funding terrorist activities and organisations and giving new definitions 
for terrorist crimes," said Heneidy in a press conference.

Heneidy argued that Egypt is facing a ferocious war against terrorism. "In the 
coming stage, we focus on drying up sources of funding for terrorist activities 
and as a result there is a pressing need to issue a new anti-terror law aimed 
at meeting this objective," said Heneidy.

Heneidy said the new draft anti-terror law will be first reviewed by the 
ministries of interior and defence. "They will have to give their remarks on 
the draft law within 15 days, after which it will be referred back to the 
justice ministry to be redrafted," said Heneidy.

Heneidy explained that, "The draft law will impose the death penalty on anyone 
found guilty of funding a terrorist organisation."

"Those convicted of funding a terrorist will be sent to life in prison, but 
those convicted of funding a terrorist-labeled organisation will face the death 
penalty," said Heneidy.

Heneidy explained that under the draft law, different forms of funding 
terrorist activities will be criminalised. "This funding could be cash or 
in-kind, including use of national or foreign currency, financial or commercial 
securities, bonds, and any documents or papers, even if they take a digital or 
electronic form," said Heneidy.

Heneidy also indicated that Article 3 of the draft defines that "the funding of 
terrorism includes the collection or the acquisition or the supplying of money 
or weapons or ammunition or explosives or information in any way, including 
digital or electronic forms, with the objective of carrying out a terrorist 
crime or creating a safe haven for terrorists."

Heneidy indicated that, "The law will also send all those found guilty of 
forming or running or leading a terrorist-labeled organisation to death or to 
life prison."

He said the draft law will give new definitions of terrorists and terrorist 
crimes. Article 1 states that a terrorist organisation is one that includes a 
minimum number of three members acting inside or outside Egypt, having a local 
or foreign nationality, and aiming to carry out crimes by means of terrorism.

Heneidy also said Article 2 defines a terrorist crime as one aims to cause 
national disorder by use of force, violence, threats, or intimidation inside or 
outside Egypt.

"Terrorist crimes also aim to jeopardise the safety of society or expose 
citizens to harm or expose their rights, lives, and freedoms stated by the 
constitution to danger," said Heneidy, adding that, "These crimes also aim to 
disrupt national unity, social peace, national security, destroy antiquities, 
and cause harm to the environment, natural resources, buildings, public or 
private property, etc."

Meanwhile, informed sources said the cabinet will discuss a new law aimed at 
making the coming parliament immune to dissolution.

The law would save the coming parliament from the threat of dissolution even if 
the High Constitutional Court (HCC) decided to invalidate the parliament or its 
election laws, sources said, adding that, "The law will state that if the HCC 
ruled that any of the parliamentary election laws are unconstitutional, this 
shall not automatically lead to disbanding parliament, but it will complete its 
5 year term."

This will guarantee that state authorities perform their duties in a smooth way 
and without facing the threat of dissolution, sources said. Political parties 
have long asked for such a legislative amendment, insisting that it will open 
the way for Egypt's long-delayed parliamentary elections.

(source: Ahram Online)








INDONESIA:

Indonesia rejects French drug convict's appeal against death penalty



A Indonesian court on Monday rejected an appeal by a French drug convict on 
death row, taking him a step closer to the firing squad.

"We reject the challenge by the challenger," presiding judge Ujang Abdullah 
told the State Administrative Court in Jakarta, ruling on the appeal brought by 
Serge Atlaoui.

The 51-year-old's lawyers had been challenging President Joko Widodo's refusal 
to grant him clemency, saying the leader had not properly considered Atlaoui's 
case.

He had been due to be put to death with 7 other foreign drug offenders 2 months 
ago but won a temporary reprieve after Paris stepped up pressure, with 
authorities agreeing to let his appeal run its course.

(source: straitstimes.com)

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

Frenchman set for execution as appeal fails



A French drug convict lost an appeal against his death sentence on Monday, but 
his lawyers vowed to fight on and prevent yet another foreigner from facing the 
firing squad in Indonesia.

However authorities in the Muslim-majority country indicated Serge Atlaoui's 
execution was not imminent, as he would not be put to death during the Islamic 
holy month of Ramadan, which ends mid-July.

The 51-year-old was due to be executed alongside seven other foreign drug 
offenders 2 months ago but won a temporary reprieve after Paris stepped up 
pressure, with authorities agreeing to let an outstanding appeal run its 
course.

The execution in April of 2 Australians, a Brazilian and 4 Nigerians sparked 
global anger. But President Joko Widodo insists convicted traffickers must be 
harshly punished, saying Indonesia is facing a crisis due to rising drug use.

On Monday the State Administrative Court in Jakarta dismissed Atlaoui's latest 
appeal, in which his lawyers argued the president rejected the convict's plea 
for clemency without proper consideration.

The court upheld its previous decision from April that it did not have the 
jurisdiction to hear the challenge to the clemency plea, which is typically a 
death row convict's final chance to avoid the firing squad.

"We are disappointed with the decision but we will continue to find other legal 
avenues," Atlaoui's lawyer Nancy Yuliana told reporters, adding that the legal 
team was still considering its next steps.

"From the very beginning, we knew that he was innocent .. We are not asking for 
him to be set free, we are just asking for his sentence to be reduced to life 
imprisonment."

Tony Spontana, a spokesman for the attorney-general's office, which is in 
charge of executions, told AFP that the authorities "appreciate this decision". 
However he signalled the execution would not happen in the holy month: "I think 
it's not a wise decision to carry out an execution in Ramadan."

- Secret drugs factory -

Atlaoui, a welder, was arrested in 2005 in a secret drugs factory outside 
Jakarta and authorities accused him of being a "chemist" at the site.

But the Frenchman has maintained his innocence, claiming that he was installing 
machinery in what he thought was an acrylics plant.

He was initially sentenced to life in prison but the Supreme Court increased 
the sentence to death on appeal.

France has mounted a diplomatic campaign to save him, warning Jakarta of 
unspecified consequences if he is put to death and saying there was a "serious 
dysfunction" in Indonesia's legal system that led to Atlaoui being sentenced to 
death.

His case has also generated anger among the public, with marches in some French 
cities urging Indonesia to halt the execution plan.

After Widodo took office in October, he rejected pleas for clemency from 
Atlaoui and other foreigners, many of which had been pending for years.

Atlaoui is among several foreigners who have sought to appeal against their 
death sentences since the president's move, but none has so far succeeded and 
authorities have accused the convicts of playing for time.

The failure of the Frenchman's latest legal bid came after the Supreme Court in 
April rejected another appeal -- a request by Atlaoui's legal team for a 
judicial review of his death sentence.

Indonesia pushed ahead with the April executions despite global condemnation 
led by UN chief Ban Ki-moon.

The executions of Australian drug smugglers Andrew Chan and Myuran Sukumaran in 
particular caused tensions, with Indonesia's neighbour Australia temporarily 
recalling its ambassador from Jakarta.

Indonesia has some of the toughest anti-drugs laws in the world. The country 
resumed executions in 2013 after a hiatus of several years.

(source: thelocal.fr)

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

French convict will not be executed during Ramadan: Indonesian govt



A French national who lost his last-ditch appeal against the death sentence on 
Monday will not be executed during the Muslim holy month of Ramadan, a 
spokesman for the Indonesian Attorney General's Office said.

An Indonesian court rejected Serge Atlaoui's appeal against the death sentence 
earlier on Monday, making him the latest foreigner to face execution for drug 
offences.

Atlaoui, who was arrested in a raid on a factory producing ecstasy pills on the 
outskirts of Jakarta in 2005, had no further legal options available, spokesman 
Tony Spontana said.

He gave no other indication of when Atlaoui might face the firing squad.

(source: Reuters)

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

France 'mobilised' to save national from Indonesian firing squad



The French government has declared a "total mobilisation" to save Serge Atlaoui 
after an Indonesian court rejected his appeal against a death sentence on drug 
trafficking charges.

The 51-year-old Atlaoui's lawyers had been challenging President Joko Widodo's 
refusal to grant him clemency, saying the leader had not properly considered 
his case.

He had been due to be put to death with seven other foreign drug offenders 2 
months ago but won a temporary reprieve after Paris intervened, with 
authorities agreeing to let his appeal run its course.

"The mobilisation of the French diplomatic service to save Serge Atlaoui is 
total," junior minister for European affairs Harlem D???sir told France 2 
television on Monday morning after the news that his appeal had failed came 
through.

Atlaoui's lawyers said they had found other ways to save him from the firing 
squad without giving any details.

(source: english.rfi)








TRINIDAD & TOBAGO:

Hemispheric human rights body concerned about T&T



The Inter-American Commission on Human Rights (IACHR) is calling on T&T to 
initiate legislative reform to abolish the mandatory death penalty and to 
address weaknesses in its equal opportunity legislation. In its report on the 
154th General Session hosted in Washington DC last March, released Friday, the 
Commission mentions T&T and Barbados as 2 Caribbean countries "whose laws still 
contemplate the mandatory death penalty."

"Among other troubling aspects," the report says, is that "participating 
organisations reported that while the death penalty has not been carried out in 
this region since 2008, a number of states are still opposed to abolishing it." 
Both the People's Partnership (PP) administration and opposition People's 
National Movement (PNM) support the death penalty. In 1998, T&T withdrew from 
the American Convention on Human Rights, citing the inability of the IACHR to 
expeditiously deal with petitions from death row prisoners.

The report notes that Suriname abolished the death penalty on March 3 and 
Barbados "has made a commitment to abolish capital punishment. It is worth 
noting that 10 countries in the region have abolished the mandatory death 
penalty in compliance with decisions of the inter-American human rights 
system," the report says.

"The IACHR reiterates the need to move forward with legislative reforms in the 
countries of the Greater Caribbean, so as to abolish capital punishment 
throughout this region or, failing that, to impose a moratorium on its 
application," it adds. The Board of the Commission is headed by its president, 
T&T law tutor and attorney Rose-Marie Belle Antoine, and includes Jamaican 
human rights attorney, Tracy Robinson, and 4 other commissioners from the 
United States, Mexico, Chile and Paraguay.

The report also expresses disappointment that the government of T&T, which 
prepared a written response to claims made, did not participate in a special 
hearing earlier this year which entertained concerns about the country's Equal 
Opportunity Act. Colin Robinson, who leads the Coalition Advocating for 
Inclusion of Sexual Orientation (Caiso) and attended the March hearing, noted 
that both Guyana and the Bahamas sent their foreign ministers. He described the 
occasion as "a moment of acute embarrassment" for the country.

"Our foreign affairs ministry doesn't seem to see us as citizens as its 
stakeholders," he said. The report notes that the Equal Opportunity Commission 
(EOC) "on several occasions recommended that the state expand the prohibition 
of discrimination to other categories, such as age, sexual orientation and HIV 
status."

A March 23 statement from the EOC had indicated that proposals for reform had 
actually been initiated by the Commission since 2010. A submission to 
"reformulate" the proposals was also made in February 2014. On October 15 that 
year, the EOC further proposed that "the ground of sexual orientation be 
included for protection."

"However," the IACHR report adds, "these recommendations, which were also made 
by various United Nations committees, reportedly have not been followed." The 
Inter-American Commission also says that it has received information "regarding 
the multiple, interrelated forms of violence and discrimination against trans 
women, women living with HIV, and girls in Trinidad and Tobago."

It says the organisations which made submissions to the hearing "further 
indicated that people with HIV should be considered a separate group and not 
included in the disability category."

"The organisations reported that women living with HIV/Aids face serious 
barriers to obtaining full access to health services, as well as severe stigma 
from their communities," the report says. "They also indicated that one of the 
country's human rights challenges is the lack of a national human rights 
institution in line with the Paris Principles."

The "Paris Principles" relate to a 1993 resolution of the United Nations 
General Assembly which, among other things, calls for the establishment of "a 
national institution ... vested with competence to promote and protect human 
rights."

"The IACHR expresses its concern regarding the lack of compliance with the 
Equal Opportunity Commission's recommendations, and requests that the state 
include the categories of age, sexual orientation, gender identity, and HIV 
status as grounds on which to ban discrimination," the report says.

(source: The Guardian)








GERMANY:

Germany says will not extradite anyone facing death penalty



No one will be extradited from Germany if they face the death penalty, a 
spokesman for the German foreign ministry said on Monday when asked about an Al 
Jazeera journalist who has been remanded in custody in Berlin at Egypt's 
request.

"I don't think one can say this loudly enough: Of course, nobody will be 
extradited from Germany who risks being sentenced to death abroad," Martin 
Schaefer told a news conference on Monday.

A Cairo court sentenced Ahmed Mansour, who has dual Egyptian and British 
citizenship, to 15 years in prison in absentia last year on a charge of 
torturing a lawyer in 2011 in Tahrir Square, the focus of the uprising that 
toppled veteran autocrat Hosni Mubarak.

(source: Reuters)



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