[Deathpenalty] death penalty news----woprldwide

[Rick Halperin]

Feb. 10



PAKISTAN----execution

Death row convict executed in Bahawalpur----A death row prisoner was hanged at 
the New Central Jail Bahawalpur on Tuesday morning.


A death row prisoner was sent to the gallows at the New Central Jail Bahawalpur 
on early Tuesday morning, Dunya News reported.

Death row convict Haider Shehzad was executed for killing a man named Muhammad 
Amin over a dispute. The dead body of Shehzad was handed over to his relative 
after the execution.

(source: Dunya News)

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

Peshawar school: Exceution of 2 attackers


Pakistan's Supreme Court on Tuesday stayed the execution of 4 men convicted by 
military courts for their involvement in terrorist attacks in Pakistan. A 
2-member bench headed by Justice Dost Mohammed heard appeals filed by 4 death 
row convicts.

2 men namely Ali Rehman and Taj Mohammed were convicted of facilitating the 
deadly attack on Army Public School (APC) in Peshawar on December 16, 2014 
while Muhammad Zubair was involved in Nowshera bomb blast and Mohammed Ayaz was 
accused of opening fire on a security check post in Mohmand Agency.

During the proceeding, the defence lawyer argued that the concerned high court 
did not even look into the record of appeals against the military tribunals' 
decision.

The apex court observed that military courts should give a reason in their 
judgment. The attack on Army-run school, which was claimed by the 
Tehreek-e-Taliban, led the government to lift a 2008 moratorium on the death 
penalty.

However, most of the nearly 300 people hanged since then have been convicted 
criminals, not militants.

Meanwhile, Justice Dost Mohammed issued notices to the attorney general of 
Pakistan as well as JAG branch to appear in court on February 16.

Earlier in December 2015, the authorities hanged 4 APS convicts at a 
high-security prison in the Kohat city.

The attack on army-run school, which was claimed by the Tehreek-e-Taliban, 
horrified the country and led the government to lift a 2008 moratorium on the 
death penalty. However, most of the nearly 300 people hanged since then have 
been convicted criminals, not militants.

The military courts were established as part of a crackdown on militancy 
following the massacre. Parliament had approved the use of the courts for the 
coming 2 years, and cases are referred to them by provincial governments. But 
some have called for the trials to be more transparent.

The International Commission of Jurists has condemned the military courts as 
"secret, opaque" and in violation of fair trial obligations.

(source: The Asian Age)






INDIA:

Death sentence for killing students


A district court on Tuesday awarded death sentence to a man and life 
imprisonment to another for killing 2 students of Purnea district when they 
came there to write an examination 2 years ago.

Additional District Judge Rajesh Kumar Pandey awarded death sentence to Lala 
Chaurasia and life imprisonment to Chamo for pushing 2 polytechnic students to 
death from a mountain.

The court also slapped a penalty of Rs 10000 each.

4 students had come to write an examination in 2014 and had gone to a temple at 
Hiranya mountain where they were looted by 4 miscreants of their cash and ATM 
cards.

On finding they were told wrong PIN numbers they pushed the 2 students to death 
from a height of 300 m.

A 3rd student fell on a bush along with 1 of the attackers and survived, while 
the 4th student managed to flee from the scene.

(source: The Hindu)






PHILIPPINES:

Duterte bats for public executions anew


Presidential candidate and Davao Mayor Rodrigo Duterte's latest sound bite 
reinforced his iron-hand stance against crime: He not only wants the death 
penalty back, he also wants the execution to be opened to the public.

"I will work for the restoration of the death penalty. I will really bring it 
back, and make it in public, so that the people will see for themselves [how 
criminals are punished]," Duterte told a cheering crowd that attended a rally 
here on Wednesday.

Duterte first expressed his support for the restoration of the death penalty 
and the introduction of public execution before the campaign period in Davao 
City.

The 1987 Constitution abolished the death penalty, although it does not close 
its door to its restoration.

Section 19 of the Charter???s Bill of Rights (Article III) states: "Excessive 
fines shall not be imposed, nor cruel, degrading or inhuman punishment 
inflicted. Neither shall the death penalty be imposed, unless, for compelling 
reasons involving heinous crimes, the Congress hereafter provides for it. Any 
death penalty already imposed shall be reduced to reclusion perpetua."

Duterte spoke to a crowd of about 3,000, mostly college students, inside the 
University of Cagayan Valley gymnasium here.

Repeating a promise he made earlier, Duterte asked voters to give him "3 to 6 
months" to stamp out criminality in the country.

He said he would take "full responsibility, legal or otherwise" for any human 
rights or administrative charges that may be slapped against lawmen who would 
be accused of killing criminals.

The feisty mayor flew to this city without his vice presidential candidate, 
Sen. Alan Peter Cayetano. From the airport, Duterte first met with Tuguegarao 
Archbishop Sergio Utleg. His convoy then drove around the city, where people 
who lined up the main street chanted "Duterte! Duterte!"

In his 40-minute speech, the audience laughed every time he punctuated his 
statements with one-liners about his penchant for executing criminals.

(source: inquirer.net)






THAILAND:

Myanmar convicts to appeal Koh Tao murder verdict


A legal team is preparing an appeal against the guilty verdict and death 
penalty for 2 Myanmar defendants, who are at the centre of the high-profile 
double murder case on Thailand's Koh Tao island.

"We will lodge an appeal on February 24," the defendants' lawyer Nakhon 
Chomphuchart disclosed recently. "We are confident our appeal will carry enough 
weight".

Koh Samui Court has found Nakhon's clients, Zaw Lin and Win Zaw Htun, guilty of 
killing 2 British tourists - Hannah Witheridge and David Miller. They were also 
convicted of raping the female victim. Along with the guilty verdict, the court 
handed down the death penalty to the 2 defendants.

The brutal crimes, which took place in 2014, have made headlines both locally 
and internationally. The case has also received serious attention from 
authorities in Thailand, Myanmar and Britain.

(source: asiaone.com)






BANGLADESH:

2 men get death penalty for murdering 10-year old Maria in 2014


The other convict has been sentenced to 5 years in prison.

District and Sessions Judge AKM Enamul Haque delivered the verdict on the 2014 
sensational murder case on Tuesday.

According to Public Prosecutor Haris Uddin, the convicts murdered the 4th 
grader and hid the body in July 2014 at Gazipur's Konabarhi.

Abdul Alim, 45, and Suman Sheikh, 22, were given death sentences, and Alim's 
wife Shefali Begum the prison term.

All 3 convicts have received different monetary penalties as well.

Jaydebpur Police Inspector Alam Chand, the investigation officer of the case, 
told bdnews24.com, "Maria's father Akteruzzaman would often misbehave with the 
convicts, which led them to murder the child."

Alim worked as the gatekeeper at the deceased's house, while Suman was a 
co-worker of Akteruzzaman at a factory at Konabarhi.

On Jul 14, 2014, Maria set out for school in the morning, but never returned 
home at Konabarhi's Ershad Nagar Housing Estate, according to the case 
documents.

Her family started looking for the child. On being asked, Suman and Alim said 
they had seen Maria playing in front of the house.

The neighbours also joined the search, but the 3 convicts tricked them into not 
looking in the garage of the housing complex.

Later, Maria's body was found in the garage with a t-shirt wrapped around her 
neck. Her books and school bag were found in the reserve water tank.

Maria's father filed a murder case with Jaydebpur Police against those 3.

Although Alim was present before the court on Tuesday, Suman had jumped the 
bail during the hearing.

Konabarhi police had earlier said during primary interrogation that Suman had 
confessed to strangling the child following a failed rape attempt.

(source: bdnews24.com)

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

Retired HC judge appointed as war crimes convict's lawyer


A recently-retired High Court judge has been appointed as defence lawyers for a 
person convicted of crimes during Bangladesh???s 1971 liberation war with 
Pakistan.

Nazrul Islam, a High Court judge who is now on pre-retirement leave, defended 
Mir Quasem Ali, a Jamaat-e-Islami leader awarded with death penalty by a 
special war crimes tribunal in 2014, put his argument in the case being heard 
by the Appellate Division.

During the hearing, Surendra Kumar Sinha, head of 5-member panel of appeal 
court judges, remained the retired judge saying those are taking privileges 
from the public exchequer as judges should follow the official rules.

The retired judge responded saying he was engaged pleading within the purview 
of law.

The appeal court adjourned the hearing until Monday as Wednesday was the s2nd 
day into the hearing as the defendant challenged the trial court's verdict 
handed down on November 2, 2014.

Quasem, known as one of the prime financiers of Jamaat-e-Islami and a member of 
the executive council of the party, was found guilty of genocide and other 
crimes against humanity during the war.

Defence lawyer SM Shajahan submitted arguments in favour of his client.

Earlier on February 2, the Supreme Court fixed the date for 9 February to hear 
the appeal hearing of Mir Quasem.

(source: newsnextbd.com)






TAIWAN:

Can Tsai Ing-Wen Change the Politics of Death?----The incoming president faces 
a debate over the death penalty.


Following her electoral victory last month, KMT lawmakers have clashed on 
several issues with Tsai Ing-wen, who will be inaugurated as Taiwan's 1st 
female president on May 20, and her Democratic Peoples Party. Among them, Tsai 
has been pushed to reveal her stance on the abolition of the death penalty.

While capital punishment remains relatively popular in Taiwan, Lin Hsin-yi, 
Executive Director of the Taiwan Alliance to End the Death Penalty, has pointed 
out that none of the KMT lawmakers who attacked the DPP over the abolition of 
the death penalty have been reelected. For her, "this congress is more friendly 
to human rights." What will this mean for the death penalty in Taiwan?

In early June 2015, 6 death row inmates were executed at four locations around 
Taiwan. The executions attracted some positive domestic attention but raised 
numerous concerns internationally. Taiwan has come under fire from 
international human rights organizations on several occasions for failing to 
adhere to procedural guidelines and for apparently using capital punishment for 
political purposes. Such accusations could amount to violations under 
international law but this could change with Tsai and the DPP, which has tended 
to support abolition.

The Politics of Death

The Taiwan Alliance to End the Death Penalty (TAEDP) has observed that, "all 
the executions since 2010, when the four-year moratorium was lifted, took place 
when the government approval rate was low."

Taiwan had a moratorium on capital punishment from 2006 to 2010.

In March 2010, then Minister of Justice Wang Ching-feng voiced support for the 
abolition of capital punishment and stated she would refuse to sign any 
execution warrants. This fueled a pro-death penalty social movement led by 
entertainer Pai Ping-ping, whose daughter had been murdered in 1997. That led 
to Wang's resignation. Tseng Yung-fu took over at Justice and reinstated the 
death penalty. In April, negotiations surrounding a trade agreement between 
China and Taiwan saw public approval of the government plummet. On April 30, 
2010 the first executions since 2006 took place.

The Ministry of Justice consistently denies allegations of impropriety, but has 
refused to provide records of its meetings on death row inmates or on the 
criteria for deciding the timing of an execution.

There have been executions, timed around episodes of low government approval, 
every year since the moratorium was lifted. The executions in June are 
emblematic.

In March 2015 4 subway commuters were killed in Taipei and in May an 8-year-old 
girl was killed at her school. Public outcry demanded the death penalty for the 
attackers. Abolitionist politicians and rights campaigners were harassed and 
threatened. In early June, then opposition party chairperson, Tsai drew 
considerable domestic media attention for a high-profile trip to the United 
States, at the expense of the already unpopular KMT. Amid public outrage over 
the heinous murders and growing popularity for the opposition party, the timing 
of the 2015 executions is suspect. There were also several legal 
irregularities.

The initial list of those to be executed included Chiou Ho-shun, who had been 
sentenced in 1989 following 4 months of secret detention and reports that he 
had been tortured into confession. Amnesty International has repeatedly called 
for his release.

3 of the men who were executed had filed special appeals on the day of their 
executions. This could reflect either a cursory or non-existent review. There 
has never been a successful case of a death row inmate filing a special appeal 
or commutation.

Lawyers for the 3 inmates were not notified of the rejection of the appeal 
until after the executions. More concerning, 2 of the men executed in June, 
Wang Hsiu-fang and Wang Chun-chin, had no legal representation at their final 
trial before the Supreme Court.

Taiwan's Criminal Procedure Code does not guarantee legal defense for final 
appeals. In 2012 a draft was proposed that would change this in cases involving 
a minimum punishment of three years but it has not yet become law. Many current 
death row inmates did not have lawyers at their final trials.

In 2012, the final appeal retrial in 1 death row case found the 3 defendants 
not guilty of the 1991 murder for which they had spent more than 20 years in 
prison.

This raises concern over the right to a fair trial, which includes the right to 
legal defense and appeal. If political calculations have been behind the timing 
of executions since 2010, it could constitute an arbitrary imposition of the 
death penalty, which would amount to a violation of the right to life.

International law does not explicitly ban capital punishment but places strict 
procedural guidelines on those countries that have not abolished the death 
penalty.

Taiwan and International Law

In 2009, Taiwan announced that it had ratified the International Covenant on 
Civil and Political Rights (ICCPR) and the International Covenant on Economic, 
Social and Cultural Rights (ICESCR). Taiwan is not a member of the United 
Nations but effective ratification was accomplished through the Implementation 
Act, establishing that all domestic law align with the Covenants.

Article 6 of the ICCPR guarantees the right to life and protection from 
arbitrary loss of life. It prohibits the death penalty when it may constitute a 
violation of other rights, most notably the prohibition against torture.

Preventing the arbitrary deprivation of life requires that any decision to 
impose the death penalty must be narrowly circumscribed by clear and 
transparent principles in line with the Covenant.

This requires strict adherence to Article 14???s right to a fair trial. The 
Human Rights Committee has noted that, "the imposition of a sentence of death 
upon conclusion of a trial, in which the provisions of article 14 of the 
Covenant have not been respected, constitutes a violation of the right to 
life."

Anyone sentenced to death is entitled to seek pardon. This is enshrined in 
ICCPR Article 6(4). Number 8 of the 1984 Safeguards guaranteeing protection of 
the rights of those facing the death penalty adds that no execution shall be 
carried out pending an appeal, pardon or commutation. The right to seek pardon 
carries the expectation that in some circumstances a pardon may be granted, 
otherwise the right is relatively empty.

Although not legally binding, UN General Assembly resolution 65/206 calls upon 
all states to "make available relevant information with regard to their use of 
the death penalty, which can contribute to possible informed and transparent 
national debates." This is important for ensuring a fair trial and strict 
adherence to procedural rules at every stage of the process, from the initial 
trial to final appeal and scheduling of the execution.

Tsai Ing-wen's Challenge

While advocates for the abolition of the death penalty have felt Tsai Ing-wen 
hasn't been explicit enough in her position, KMT lawmakers have challenged her 
for supporting abolition. Among them was Alex Tsai, who was quite vocal on 
pro-death penalty issues during his campaign but was ultimately not reelected. 
This failure for pro-death penalty lawmakers points to a possible decrease in 
voter emphasis on maintaining the death penalty. This presents the best opening 
for a return to a moratorium and steps toward abolition without sacrificing 
political capital for the DPP.

Tsai Ing-wen is likely to face conflicting pressure moving forward, says Lin of 
TAEDP. The new president may face public pressure to carry out an execution 
from those in favor of continuing the death penalty.

Counteracting that is international pressure. In 2013, Taiwan received a 
delegation of independent experts to review its implementation of the ICCPR and 
ICESCR. The 2nd review will take place in early 2017 and the death penalty is 
likely to be a high priority. If Tsai wants to demonstrate her commitment to 
human rights she will need to consider Taiwan's implementation of the 2 
Covenants.

Who Tsai appoints as the Minister of Justice is among the 1st key indicators. 
Lawyer Gu Lixiong, known for his support for abolition, was assumed my many to 
be a likely appointee but his election to the legislature rules him out.

In 2009, abolition-minded Justice Minister Wang Ching-feng created a working 
group on the death penalty, which included NGOs, lawyers, and academics. 
Although the working group was dismantled shortly after her resignation, Tsai 
has been advised to create something similar, which could also support public 
education and participate in a national dialogue on abolishing the death 
penalty.

Even if abolitionist-minded lawmakers are able to float a bill, there???s too 
little understanding and support for the passage of any such law, which is 
where the importance of such a working group can be seen.

Moving Forward

Until a more thorough investigation into the use and potential political abuse 
of the death penalty takes place, Taiwanese human rights groups say Tsai should 
announce an immediate moratorium. She should promise to more closely implement 
the ICCPR and encourage the Legislative Yuan to establish a National Human 
Rights Commission in line with the Paris Principles. Although in December the 
Executive Yuan granted a Freedom of Information Request filed by TAEPD last 
August requesting the Ministry of Justice to reveal its decision making process 
on signing execution orders, the system remains far from transparent. How Tsai 
responds to these issues leading up to and following her inauguration in May 
will matter.

(source: Michael Caster is a graduate student at the Fletcher School of Law and 
Diplomacy at Tufts University. Previously he worked as a human rights advocate 
and civil society consultant based in East Asia----The Diplomat)


SINGAPORE:

Belgian accused of killing son to be remanded another 6 weeks pending forensics 
report


A Belgian man accused of killing his 5-year-old son in their D'Leedon 
condominium home in October last year will be remanded in Changi Prison for 
another 6 weeks, pending the completion of a forensic investigation report.

Philippe Marcel Guy Graffart appeared in court via video-link on Wednesday. His 
case will be mentioned again on March 23.

The 41-year-old was charged on Oct 7, last year, with the murder of Keryan 
Gabriel Cedric Graffart. He allegedly committed the act at his 32nd-storey home 
at 3 Leedon Heights, the day before he was first brought to court.

He was then remanded for 4 weeks at the medical centre in Changi Prison for a 
psychiatric assessment.

He was subsequently remanded at the Central Police Division to assist in 
investigations.

Graffart worked for the Singapore investment management arm of Nordea, a 
company that describes itself as the largest financial group in northern 
Europe.

Graffart's lawyer Ramesh Tiwary told The Straits Times that he will study the 
forensic report once it has been completed.

Mr Tiwary also said that he has been in touch with his client, having visited 
him a few times in prison.

Asked about Graffart's condition, the lawyer said: "He's naturally very 
depressed about what's happened."

If convicted of his charge, murder with intention, Graffart faces the mandatory 
death penalty.

(source: straitstimes.com)






ETHIOPIA:

British Father Marks 600 Days of Illegal Ethiopian Detention


A British man who was kidnapped and rendered to Ethiopia will this Saturday 
mark 600 days of illegal detention. Andargachew 'Andy' Tsege, a father of 3 
from London who turns 61 today, has been held by Ethiopian security forces 
since his disappearance on 23rd June 2014, when he was forcibly taken from an 
airport in Yemen to Ethiopia. Mr Tsege is a prominent member of the Ethiopian 
opposition, and is held under a sentence of death imposed in absentia in 2009 
in relation to his political activities.

Today Mr Tsege's partner and 3 children will deliver to 10 Downing Street a 
petition signed by nearly 130,000 people, calling on the Prime Minister to 
intervene to secure his release.

The Ethiopian authorities have refused to say whether Mr Tsege's death sentence 
will be carried out or not, and have not permitted him to see a lawyer or his 
British family. During recent visits to him by the British ambassador, Mr Tsege 
has indicated that he is not being held as a regular prisoner, and has not been 
told by the authorities what will happen to him.

Torture and mistreatment is common in Ethiopian prisons, and there are fears 
for Mr Tsege's mental and physical health.

Harriet McCulloch, a deputy director at human rights organization Reprieve, 
which is assisting Mr Tsege, said: "It is deeply disappointing that, nearly 600 
days on from his kidnap, Andy Tsege is no closer to freedom. Andy has been 
subjected to an appalling ordeal - including rendition, illegal detention and 
an in absentia death sentence - as punishment for his political activism. There 
are now serious concerns for his mental and physical health. It's clear the 
Foreign Office views Ethiopia's actions as totally unacceptable - the 
government must do more to secure his release."

(source: Reprieve is a UK-based human rights organization that uses the law to 
enforce the human rights of prisoners, from death row to Guant???namo Bay---- 
Common Dreams)






EGYPT:

Court adjourns former President Morsi's trial for espionage


The Cairo Criminal Court has adjourned until Saturday the trial of ousted 
President Mohamed Morsi and 10 other members of the banned Muslim Brotherhood 
members over charges of espionage and for revealing national security documents 
to Qatar.

The public prosecution demanded on Tuesday handing down the death penalty on 
former President Morsi and his co-accused.

The defendants face charges of embezzling reports by military intelligence, the 
Armed Forces, the National Security Agency and the Administrative Control 
Authority that included confidential data.

The previous court session was adjourned to bring the 7th suspect from prison 
and hear testimony of Cairo's general transportation authority chief. It also 
ordered the summoning of a technical person to exhibit the CDs presented during 
the last session.

The court also ordered for a copy of the decision on the dissolution of the 
Muslim Brotherhood and resumption of arrest of the suspects.

Meanwile, the Zagazig criminal court has on Tuesday sentenced 63 members of the 
Muslim Brotherhood to terms in jail ranging between 3 years to life.

(source: starafrica.com)






JAMAICA:

You have no right to life


The letter came from the St Catherine District Prison (as it was called then in 
the 1980s), and from a man on death row. I was then the pastor of the Phillippo 
Circuit of Baptist Churches.

He said he had read my articles in the newspapers but had never seen one with 
my view on the death penalty, and he was urging me to write and make the public 
aware that even though he was convicted and sentenced to hang for murder, he 
had a right to life.

In my weird brain, I thought to myself, "What a curious expression and claim, 
for who can really guarantee life to anyone?"

This question of mine still occupies my mind, and I have chided the notion of a 
'right to life' in sermons and studies arguing that life is a grace gift from 
God and not a right per se.

Very recently, it came back to me, so I asked an eminent lawyer friend if there 
is a conceptual difference between a right to life and a right not to be 
subjected to cruel, inhumane or degrading punishment.

He patiently walked me through sections of the most popular human-rights 
documents and a few prominent cases to show me that there is a conceptual 
difference.

Let it be abundantly clear that I do not agree with capital punishment, nor do 
I agree with the glib arguments about a right to life.

Christians who are horrified at my view here should bear in mind a caution from 
theologian, philosopher and lawyer John Warwick Montgomery: "... The Church's 
[reason for being] is the saving of souls. A live prisoner is at least in 
principle capable of conversion; a dead prisoner is not." (See his Christ As 
Centre and Circumference: Essays Theological, Cultural and Polemic, 2012, p. 
599)

As I tell worshippers in the churches where I serve as pastor, "I am half-crazy 
in some of my views, so feel free to question me after any sermon."

Ponder this before you attempt to drop the fraction before crazy. Despite the 
fact that Jamaica has ratified most of the international human rights treaties, 
what is really there to prevent our authorities from hanging you after you have 
been found guilty of a most 'heinous murder' and sentenced to be hanged?

INTERNATIONAL LAW BREACHES

International opprobrium and castigation, all after the fact of your death? 
Think of the numerous ancient and recent breaches of international law by 
countries minus meaningful sanctions! Bear in mind, too, that developed and 
developing countries not only have the ability to do it, but have, in fact, 
eliminated citizens whom they regard as dissidents, enemies of the state, or 
inimical to the country's security.

Even if I fully concur with the milder and more defensible right not to be 
subject to cruel, inhumane or degrading punishment, there is still no airtight, 
guaranteed entitlement here. There is many a slip between rope and neck, 
remediable only long after the fact.

I am just saying that we should raise questions on a so-called 'right' that we 
cannot safeguard in prospect but only attempt to address or remedy in 
retrospect after a breach.

Life is foundational to the enjoyment of every entitlement or good in life, but 
life itself is not a right but a gift or loan from the Almighty.

[Clinton Chisholm is a theologian]

(source: Letter to the Editor, Jamaica Gleaner)