[Deathpenalty] death penalty news----worldwide
Rick Halperin
rhalperi at smu.edu
Thu Oct 1 09:01:43 CDT 2015
Oct. 1
IRAN----executions
West Balochistan: Six Men Executed for Unknown Reasons
The Baloch Activists Campaign has reported that at least 6 people were executed
for unknown reasons in Zahedan on 23 September. These executions are part of a
larger trend in Iran, where, according to Amnesty International, more than 700
people were executed in the first 1/2 of 2015.
Below is an article published by Radio Zamaneh:
The "Baloch Activists Campaign" informed that 6 people - all members of only 2
different families - were executed on 23 September. The official Iranian media
did not report about these executions. The Baloch Activists Campaign has only
managed to identify 1 of the executed men, whose name is Mr Mohammad Nouti
Zehi.
The number of executions in Iran this year has increased. According to Amnesty
International, 700 people were executed in Iran throughout the 1st half of
2015. The organization warned that, if this trend continues, Iran will execute
more than 1,000 people this year. In Iran, 3 people per day are executed due to
sentences of death penalty.
(source: unpo.org)
************
Joint Letter from 12 International Human Rights Organizations: End the Death
Penalty for Drug Offenses
Dear member states and observers,
The UN Human Rights Council will hold on 28 September a panel discussion on the
impact of the world drug problem on the enjoyment of human rights. This panel
is an opportunity for the Council to bring a much welcome contribution to the
preparation of the UN General Assembly Special Session on the World Drug
Problem (UNGASS), which will be held in April 2016.
The UN has an historic opportunity to revise its approach to drug policies, and
make sure that they are put in conformity with other aspects of international
law, including human rights law. The UN and the member states that compose it
cannot afford continuing working in silos. Drug demand reduction, supply
reduction and international cooperation on drug issues should not be addressed
in isolation from human rights norms and standards.
We call on you to put human rights at the forefront of UNGASS, and we welcome
the convening of this panel discussion as a first step in that direction, a
necessary and urgent contribution to the debate from the main UN organ in
charge of the promotion and protection of human rights.
This contribution is urgent because in many countries, the anti-drug policies
have been and are still routinely used as a license to infringe human rights.
It is time to address the fact that the war on drug counts rights as
fundamental as the right to life among its victims.
Over 30 countries have laws that provide for the death penalty for non-violent
drug-related offenses. In some of these countries, the proportion and overall
number of executions for drug related offenses is far from anecdotal:
- More than 1/2 of the executions undertaken in Iran1 - the world's first
executioner per capita, with over 6000 executions since 2005 - and nearly 1/2
of the executions in Saudi Arabia2 - 3rd main executioner globally - are for
non-violent drug-related offenses. The trend is not on the decline as these 2
countries experience an important surge in the number of executions in 2015,
both having executed as many persons in the 1st half of 2015 as in the whole
year 20143. As of mid-2015, Saudi Arabia had executed over 100 capital
sentences, 1/2 for drug crimes, while Iranian death penalty monitors have
documented 750 to 850 executions, approximately 2/3 for drug crimes, since the
beginning of the year.
- Indonesia resumed executions this year by executing by fire squad 14 people
sentenced to death for drug offenses. No executions had been undertaken since
2013 and a total of 5 persons had been executed since 2009, including 2 for
drug related offenses4.
- In China and Vietnam, 2 countries where the number of capital executions is
not public, recent reductions of the number of capital offenses have fallen
short of removing non-violent drug-related crimes from the list of capital
offenses. It is estimated that several thousands of persons are executed in
China every year5. Last year, in Vietnam, a mass trial led to the conviction of
29 men and women to death for drug smuggling6.
- Death sentences remain mandatory for some drug crimes in states that
regularly execute persons for drug-related offenses like Singapore and
Malaysia, as well as Iran7.
There is growing consensus that drug-related offenses, when they do not involve
death intentionally inflicted, do not qualify as "most serious crimes" for
which capital sentences are not forbidden under international law. The Human
Rights Committee, along with the UN Office on Drugs and Crime, the Special
Rapporteur on extrajudicial, summary and arbitrary executions, the Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment, the Special Rapporteur on the right of everyone to the enjoyment of
the highest attainable standard of physical and mental health, have all
similarly taken the position that execution solely for drug-related crimes
violates international law.8
On 28 September, during the panel discussion, and beyond, in the run up to the
UNGASS, your countries have an historic opportunity to send a clear message
that the UN should neither condone, nor turn a blind eye to the consequences of
anti-drug policies when they violate the most fundamental rights.
Abdorrahman Boroumand Foundation
The Advocates for Human Rights
Anti-Death Penalty Asia Network
Association for Human Rights in Kurdistan of Iran-Geneva
Human Rights First Society (Saudi Arabia)
Impact Iran
Iran Human Rights
Iran Human Rights Documentation Center
Kontras (Indonesia)
SecondChance (Singapore)
Together against the Death Penalty
World Coalition against the Death Penalty
--------------------------------------------------------------------------------
1 Iran Human Rights and the Abdorrahman Boroumand Foundation (ABF) documented
more than 6000 executions undertaken in Iran since 2005. More than half of
these executions were for drug-related offenses. Both organizations observed a
surge in the number of executions in the past few years (2013 and 2014 marked
highest number executions in 15 years, with more than 700 to 900 executions
documented by both groups).
2 Human Rights Watch, "Saudi Arabia: 100 Executions Since January 1: Nearly
Half for Nonviolent Drug Crimes", 16 June 2015, at
https://www.hrw.org/news/2015/06/16/saudi-arabia-100-executions-january-1 [last
accessed 25 Sept. 2015] See also World Coalition against Death Penalty, Saudi
Arabia profile at http://www.worldcoalition.org/Saudi-Arabia [last accessed 25
Sept. 2015]
3 As of September 2015, Iran Human Rights and the Abdorrahman Boroumand
Foundation (ABF) documented between 750 and 850 executions since the beginning
of the year, which amounts roughly to the 750 to 900 executions they counted in
2014. According to HRW, Saudi Arabia also increased its pace of executions,
from over 90 in 2014 to more than 100 in the first half of 2015:
https://www.hrw.org/news/2015/06/16/saudi-arabia-100-executions-january-1 [last
accessed 25 Sept. 2015]
4 World Coalition against Death Penalty, "Detailed Fact Sheet - Death Penalty
And Drug Crimes", 2015, accessible at
http://www.worldcoalition.org/media/resourcecenter/EN_WD2015_Factsheet.pdf
[last accessed 25 Sept. 2015].
5 Death penalty worldwide, China database, Cornell University law school,
accessible at
http://www.deathpenaltyworldwide.org/country-search-post.cfm?country=China???ion=&method=
[last accessed 25 Sept. 2015]
6 BBC, "Vietnam sentences 30 to death over drug smuggling", 20 January 2014, at
http://www.bbc. com/news/world-asia-25806353 [last accessed 25 Sept. 2015] ;
Viet Nam News, "Court confirms 29 death sentences", 20 June 2014, at
http://vietnamnews.vn/society/256440/court-confirms-29-death-sentences.html
[last accessed 25 Sept. 2015]
7 World Coalition against Death Penalty, "Detailed Fact Sheet - Death Penalty
And Drug Crimes", 2015, accessible at
http://www.worldcoalition.org/media/resourcecenter/EN_WD2015_ Factsheet.pdf
[last accessed 25 Sept. 2015]. The UN Special Rapporteur on extrajudicial,
summary or arbitrary executions said in reference to a drug case in Singapore
that having a mandatory death penalty violates international legal standards,
see OHCHR, "Expert on Arbitrary Executions calls on Singapore government not to
carry out mandatory death sentence", 15 November 2005, accessible
at
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=5432&LangID=E
[last accessed 25 Sept. 2015] 8 HRC Concluding Observations: Thailand,
CCPR/CO/84/THA, para. 14 (July 8, 2005); HRC Concluding Observations: Sudan,
CCPR/C/SDN/CO/3, para. 19 (August 29, 2007); UNODC, Drug control, crime
prevention and criminal justice: a human rights perspective, Fifty-third
session, Vienna (March 8-12, 2010), E/CN.7/2010/CRP.6*-E/CN.15/2010/CRP.1*;
Report of the UN Special Rapporteur on extrajudicial, summary and arbitrary
executions to the United Nations General Assembly (9 August 2012) A/67/275,
para. 51-60. Report of the Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment (January 14, 2009), A/HRC/10/44,
para.66; UN Special Rapporteur on the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health (August 6, 2010),
A/65/255, para, 17. For further details, see the Written contribution submitted
by The Advocates for Human Rights, in collaboration with The World Coalition
Against the Death Penalty and FIACAT to the General Discussion on the
preparation for a General Comment on
Article 6 (Right to Life) of the International Covenant on Civil and Political
Rights, 14 July 2015, accessible at
http://www.ohchr.org/EN/HRBodies/CCPR/Pages/WCRightToLife.aspx [last accessed
25 Sept. 2015]
(source: Iran Human Rights Documentation Center)
INDIA:
Correct punishment, say victims' families after court sentence in 7/11 blasts
Families of the victims of the 2006 serial train blasts here that killed 189
people on Wednesday hailed as a "correct punishment" the death penalty awarded
to 5 of the 12 convicts and life sentence to the remaining, observing that
justice has been delayed but not denied.
For the family of Parag Sawant, who had become one of the enduring images of
the carnage and who died recently after battling for life in a hospital for 9
years, justice though will be served only after the convicts awarded capital
punishment are hanged.
The family members of the 189 people who lost their lives and the 829 injured
in 7 powerful blasts that ripped local suburban trains between Matunga and Mira
Road on the Western line on July 11, 2006, while welcoming the decision of the
special court said the trial should have been expedited.
The family members of the 189 people who lost their lives and the 829 injured
in seven powerful blasts that ripped local suburban trains between Matunga and
Mira Road on the Western line on July 11, 2006, while welcoming the decision of
the special court said the trial should have been expedited.
The trial was concluded by a special MCOCA court nine years after the blasts.
"Justice will be done only after the convicts are hanged to death. We have lost
our son. What happened to us should not happen to anyone else in future. A
strong message has to be sent by our judicial system that such acts will not be
dealt with lightly," Parag's father Jayprakash said.
Parag died in July this year becoming the 189th victim. He is survived by his
parents, wife, a minor daughter and a brother. Parag, then 27 and newly
married, had bought a first- class train pass for the first time on July 1,
2006, after getting promoted as assistant manager at a private firm.
10 days later, the blast took place in the 1st-class compartment of a
Virar-bound train near Borivali, severely injuring several commuters, including
Parag. Dahisar resident Ashok Waghela, a chartered accountant, rarely travelled
by local train once he started his consultancy firm in Borivali. But on July
11, 2006, he went to meet a client in South Mumbai and fell victim to one of
the blasts.
His wife Yogita was left to fend for herself and her two school-going children.
"The court has given a correct punishment. They (convicts) took so many lives
in a matter of a few minutes, but it took nine years to prove them guilty," she
said.
Her son and daughter are pursuing CA, while she takes up projects like selling
garments and decorations during festivals like Navratri to support her family.
(source: ivnlive.com)
PAKISTAN----execution
Death row convict hanged at Kot Lakhpat Jail
A death row convict was sent to the gallows at the Kot Lakhpat Jail Lahore
early Wednesday morning.
Death row prisoner Mushtaq had killed a man named Abdullah in 2000. Mushtaq's
dead body was later handed over to the relatives.
Prime Minister Nawaz Sharif lifted the moratorium on the death penalty on
December 17, 2014, a day after Taliban gunmen attacked a school and killed 134
students and 19 adults.
(source: Pakistan Today)
SAUDI ARABIA:
Juvenile offender's death sentence must shame the authorities into meaningful
action
The King of Saudi Arabia must refuse to ratify the outrageous death sentence
against juvenile offender, Ali Mohammed Baqir al-Nimr, Amnesty International
said today.
The organization called on the authorities to quash Ali al-Nimr's death
sentence, which followed a grossly unfair trial and was based on "confessions"
Ali al-Nimr says were extracted under torture. It also urged the authorities to
immediately impose an official moratorium on all executions and implement
significant reforms in the country's criminal justice system.
Ali al-Nimr was sentenced to death by the Specialized Criminal Court (SCC), a
special security and counter-terror court, on 27 May 2014. His death sentence
was upheld both by the appeal division of the SCC and by the Supreme Court
sometime earlier this year, without his or his lawyer's knowledge. He could be
executed as soon as the King ratifies the sentence.
Defendants in Saudi Arabia can appeal first instance court decisions only in
writing and within 30 days. However, Ali al-Nimr was denied the basic right to
meet with his lawyer to respond to the charges initially brought against him,
or to later appeal the death sentence issued by the First Instance judge at the
SCC.
Ali al-Nimr was sentenced to death by the SCC in Jeddah for a list of 12
offences that included taking part in demonstrations against the government,
attacking the security forces, possessing a machine-gun and carrying out an
armed robbery. The court seems to have based its decision solely on
"confessions" which Ali al-Nimr has said were extracted under torture and other
ill-treatment. Instead of ordering an immediate investigation into Ali
al-Nimr's allegation, the judge claims that he asked the Ministry of Interior
to look into the allegation of torture against its own security officers. No
known investigation was carried out, while the judge proceeded to sentence Ali
al-Nimr to death relying entirely on the "confession".
Ali al-Nimr was arrested on 14 February 2012, when he was only 17 years old.
The security forces did not produce an arrest warrant on detaining him. He was
taken to the General Directorate of Investigations (GDI) prison in Dammam, in
the Eastern Province, where he says he was tortured to "confess" and deceived
into signing written statements that he was not allowed to read and was misled
into believing were his release orders. He was not allowed to see his lawyer or
his family. He was then taken to a centre for juvenile rehabilitation, Dar
al-Mulahaza, where he was held until he returned to the GDI prison in Dammam
when he turned 18. This indicates that the authorities recognized and treated
him as a juvenile offender when they first detained him.
Saudi Arabian officials have in the past vehemently denied using the death
sentence against juvenile offenders.
Ali al-Nimr is 1 of at least 7 Saudi Arabian Shi'a Muslim activists who were
sentenced to death in 2014 following protests that have taken place in the
Kingdom's Eastern Province since 2011. Activists claim that 2 of those are also
juvenile offenders, At least 20 people suspected of taking part in those
protests have been killed by security forces since 2011 and hundreds have been
imprisoned, including prominent Saudi Arabia Shi'a Muslim clerics.
Ali al-Nimr's uncle, Sheikh Nimr Baqir al-Nimr, prominent Shi's cleric and the
Imam of al-Awamiyya mosque in eastern Saudi Arabia is one of those sentenced to
death in relation to protests in the Eastern Province. He was detained without
an arrest warrant on 8 July 2012 and was sentenced to death by the SCC on 15
October 2014 after a deeply flawed trial and for vaguely worded offences that
violate the principle of legality. Some of the offences which he is accused of
committing are furthermore not recognizably criminal offences under
international human rights law.
Violations of international and Saudi Arabian laws
In sentencing a juvenile offender to death, Saudi Arabia has violated its
obligations under international customary law and the Convention on the Rights
of the Child (CRC), to which it is a state party. Article 37(a) of the CRC
provides that "Neither capital punishment nor life imprisonment without
possibility of release shall be imposed for offences committed by persons below
18 years of age." On 22 September 2015, a group of 3 United Nations human
rights experts urged Saudi Arabia to halt the execution of Ali al-Nimr, stating
that "[a]ny judgment imposing the death penalty upon persons who were children
at the time of the offence, and their execution, are incompatible with Saudi
Arabia's international obligations". They added, "Mr. al-Nimr did not receive a
fair trial and his lawyer was not allowed to properly assist him and was
prevented from accessing the case file."
The 3 experts maintained that "international law, accepted as binding by Saudi
Arabia, provides that capital punishment may only be imposed following trials
that comply with the most stringent requirements of fair trial and due process,
or could otherwise be considered an arbitrary execution," and called upon Saudi
Arabia to "establish a moratorium on the use of the death penalty, halt
executions of persons convicted who were children at the time of the offence,
and ensure a prompt and impartial investigation into all alleged acts of
torture."
Saudi Arabian officials have not yet responded to international criticism on
Ali al-Nimr's case. Earlier in September, Saudi Arabia???s Permanent
Representative at the United Nations' Human Rights Council in Geneva stated in
a speech that Saudi Arabian "laws of criminal proceedings, investigation and
prosecution have ensured [the presence of] all internationally applicable
safeguards [for fair trial] .... [including] the presence of a lawyer from the
moment of arrest, the right to be informed of their rights and charges against
them ...". He added that the death penalty in Saudi Arabia "is only imposed for
most serious crimes ..."
In addition, the Saudi Arabian authorities have in Ali al-Nimr's case violated
both international law and standards on fair trial rights during appeals, as
well as the right to appeal provided by Saudi Arabian law. Under Saudi Arabian
law, convicted individuals can appeal a 1st instance court decision in writing
within 30 days of the sentence, but because Ali al-Nimr was prevented from
meeting his lawyer, he was not able to present any appeal. According to
international law and standards, fair trial rights must be respected during
appeals, including the right to legal counsel, the right to adequate time and
facilities to prepare the appeal, the right to equality of arms and the right
to a public and reasoned judgment within a reasonable time.
The Saudi Arabian Law of Criminal Procedures, specifically Articles 36(1) and
102, other national law, as well as international treaties to which the country
is a state party, particularly the Convention against Torture, clearly and
categorically prohibit the use of torture or other ill-treatment. However,
defendants are routinely subjected to such practices to force them to "confess"
to committing the crimes they have been charged with, while detained without a
lawyer present. They are often, as it appears in Ali al-Nimr's case, convicted
solely on the basis of signed "confessions" obtained under torture or other
ill-treatment, duress or deception, that are admitted by judges as evidence in
trials.
The death penalty in Saudi Arabia
Saudi Arabia is one of the most prolific executioners in the world. So far this
year, it has executed at least 134 people, almost half of them for offences
that do not meet the threshold of "most serious crimes" for which the death
penalty can be imposed under international law. Most of these crimes, such as
drug-related offences, are not mandatorily punishable by death, according to
the authorities' interpretation of Islamic Shari'a law, meaning that judges are
expected to use their discretion to apply the death sentence in these cases.
The authorities repeatedly fail to abide by international standards for fair
trial and UN Safeguards guaranteeing protection of the rights of those facing
the death penalty.
Saudi Arabia also continues to sentence to death and execute individuals for
crimes committed when they were below 18 years of age and against persons with
mental disabilities, in violation of international law.
The death penalty is also used disproportionately against foreign nationals,
the majority of whom are migrant workers with no knowledge of Arabic - the
language in which they are questioned while in detention and in which trial
proceedings are carried out. They are often denied adequate interpretation
assistance. Their country's embassies and consulates are not promptly informed
of their arrest, or even of their executions. In some cases families of migrant
workers as well as families of Saudi Arabian convicts are neither notified in
advance of the execution nor are their bodies returned to them to be buried.
In August 2015 Amnesty International detailed the above concerns in a dedicated
report on Saudi Arabia's use of the death penalty, titled Killing in the name
of justice: the death penalty in Saudi Arabia.
Amnesty International opposes the death penalty in all cases without exception;
regardless of the nature or circumstances of the crime; the guilt, innocence or
other characteristics of the offender; or the method used by the state to carry
out the execution. The death penalty violates the right to life as recognized
in the Universal Declaration of Human Rights. It is the ultimate cruel, inhuman
and degrading punishment.
(source: Amnesty International USA)
*****************
Calls for clemency: Father of activist facing crucifixion calls on Saudi to
release his son
The father of a young activist who faces beheading and possible crucifixion in
Saudi Arabia has told how his son tried to comfort him over news of his own
execution order.
Ali Mohammed al-Nimr was only 17 when he was arrested for taking part in
pro-democracy protests and was 18-years-old when he was found guilty and
sentenced to death.
Saudi authorities said he had broken his loyalty to the country's king, Salman.
Ali's supporters say he was forced to sign a confession after days of torture
in custody.
The case has drawn international condemnation, and was mentioned by Jeremy
Corbyn at his first party conference speech where he urged David Cameron to get
involved.
Ali's father Mohamed told US Uncut of the moment he and his wife visited Ali
last week after a court rejected his final appeal against his death sentence
meaning Ali could be executed at any time.
Mohamed said: "When his mother tried to tell him about the news that the
execution order has been issued by the government he interrupted her and told
her that he already knew.
"He told us he had accepted this news with a smile on his face and tried to
comfort his parents."
According to his father, when Ali first learned of his death sentence: "Ali
turned to me and said, 'Father, I'm not the only person in the world who has
suffered injustice and been falsely prosecuted.'"
Mohamed said he was "shocked" by his son's response.
"How could a 20 year-old boy talk like this? It's unbelievable. To be so
unconcerned with his own situation, but be thinking only for others who are
suffering," he said.
Ali has been found guilty of a list of crimes including rioting, using petrol
bombs against security patrols and seizing guns and uniforms from a police
unit.
Mohamed says it is "impossible" that Ali could have done these crimes.
He said: "Ali was a 16-year-old boy.
"How could he steal the weapons and uniforms from an entire police patrol?
"It's shameful the government has accused Ali of this."
Mohamed believes there is a political element to his son's arrest linked to
Ali's uncle Sheikh Nimr Baqir Al-Nimr, a dissident who played a prominent role
in supporting the Arab Spring.
According to Mohamed, Ali was the youngest of 300 men in Eastern Saudi Arabia
who were arrested following the Arab Spring uprising.
He hopes that western intervention will successfully put pressure on Saudi
Arabia to release Ali.
Recounting Ali's childhood, he spoke about his son enjoying riding his bike and
playing video games, like any other boy.
He said Ali's bike is still in the house waiting for him to return.
"I can't remove the bike because I can't bear the thought of being separated
from the only part of Ali that we have with us in the house," he said.
"I still hold out hope that one day Ali will return and ride the bike again.".
(source: albawaba.com)
**************
Saudi juvenile 'has hope' he will escape 'crucifixion'
A Saudi juvenile facing imminent 'crucifixion' has spoken of his hope for the
future, despite a recent decision by the country's courts to uphold his
sentence.
During a prison visit from his family on 25 September, Ali Mohammed al-Nimr is
said to have confirmed that he had just learned about the sentence. He said: "I
just want to be released", but added: "I have faith and I live with hope. If
things change [with my sentence], I will thank God - and if not, I lived
happily with my hope."
Ali was 17 when he was arrested in February 2012 in the country's Eastern
Province. He was tortured into 'confessing' to a role in protests, and despite
later recanting his statement, he was sentenced to be 'crucified' by the
country's secretive Specialised Criminal Court. Several days ago, it emerged
that his sentence had been upheld without his knowledge.
Ali has never been permitted to meet with his lawyer, and with legal avenues
now exhausted, he could be executed at any moment with no prior notification to
his family. The sentence will involve his being beheaded, and his body
displayed in public.
His comments come amid controversy over the UK government's approach to the
case. Last night it emerged that leaked Saudi diplomatic cables suggest that
the UK may have had a deal with the Saudi authorities to secure both countries'
place on the UN's Human Rights Council - despite Saudi Arabia's poor human
rights record. Speaking at the Labour Party Conference on 29 September, Jeremy
Corbyn called on Prime Minister David Cameron to halt the UK's "fawning and
uncritical support" for the Saudi government, and instead "intervene now
personally" to save Ali.
Mr Corbyn also called for the withdrawal of a Ministry of Justice bid to
provide services to the Saudi prison system. Concerns have been raised that the
bid, if won, would make the UK complicit in abuses such as torture and
executions.
Commenting, Maya Foa, director of Reprieve's death penalty team, said: "Ali
al-Nimr has been through the most horrifying ordeal at the hands of the Saudi
government. He was arrested as a juvenile, tortured into a bogus 'confession',
put through a mockery of a trial, and sentenced to 'crucifixion', in a blatant
attempt to make an example of him.
"Countries such as the UK and the US - close allies of the Saudis - must
intervene urgently to stop his execution. Ali must be released without delay to
live out his hopes for the future."
(source: ekklesia.co.uk)
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