[Deathpenalty] death penalty news----worldwide

Rick Halperin rhalperi at smu.edu
Wed Jul 27 12:51:53 CDT 2016





July 27




INDONESIA:

Injustice victims may be executed


Indonesia is running a serious risk of executing innocent persons if it insists 
on going ahead with the executions of 14 death row convicts, expected on 
Friday.

The convicts, who have received official notification letters of their 
forthcoming execution on Nusakambangan prison island in Cilacap, Central Java, 
are Indonesians Agus Hadi Bin Hadi, Freddy Budiman Bin H. Manan, Merri Utami 
and Pujo Lestari Bin Sukatno, Eugene Ape from Nigeria, Fredderikk Luttar 
(Zimbabwe), Humphery Jefferson Ejike Eleweke (Nigeria), Gurdip Singh (India), 
Michael Titus Igweh (Nigeria), Obina Nwajagu Bin Emeuwa (Nigeria), Okonkwo 
Nongso Kingsley (Nigeria), 0zias Sibanda (Zimbabwe), Seck Osmane (Nigeria, but 
Senegalese passport holder) and Zulfiqar Ali of Pakistan.

More people have stepped forward to urge President Joko "Jokowi" Widodo not to 
proceed with the executions because of possible miscarriages of justice. 
Pakistani convict Ali has been suffering from the effects of liver damage since 
May, allegedly the result of torture committed by security personnel during his 
detention.

According to Ali's lawyer Saut Edward Rajagukguk, he has been treated unfairly 
since he was arrested in 2004 at Soekarno-Hatta International Airport for 
heroin possession.

The government of Pakistan has sought a postponement of the execution and 
requested a review of his trial. Pakistani Ambassador Aqil Naseem said the 
government of Pakistan respected the Indonesian legal system, but believed that 
the legal process against Ali was flawed.

"It didn't provide justice to Zulfiqar. In the case, the prosecutor did not 
seek the death penalty," Naseem told The Jakarta Post.

National Commission on Human Rights (Komnas HAM) commissioner Hafid Abbas has 
revealed neglected findings by an investigative team of the Law and Human 
Rights Ministry between 2002 and 2003.

After thorough examination of court rulings, historical background and field 
checks in Ali's home country, the team concluded that the convict may be 
innocent.

It also recommended then president Susilo Bambang Yudhoyono to cancel Ali's 
death sentence and order a further investigation into the case.

"I swear that the work of the team back then was accountable. I am sure that 
Zulfiqar is innocent," Hafid said.

He added that then law and human rights minister Patrialis Akbar had submitted 
a thorough confidential report on the findings to Yudhoyono. "I believe the 
document is still at the State Palace. It's worth re-checking to save 
Zulfiqar's life. Every life matters," Hafid declared.

Nigerian Eleweke is also among the death row convicts that reportedly received 
an unfair trial.

Director of the Institute for Policy Analysis of Conflict (IPAC), Sidney Jones, 
has submitted a dossier to the Post, containing chronology and evidence that 
indicates Eleweke may be innocent.

The dossier outlines police procedural violations, including the lack of a 
search warrant, a signed confession allegedly obtained through torture, as 
evidence pointing to Eleweke having no connection to the drugs for the 
possession of which he was convicted.

Eleweke filed appeals in 2004 and 2006 to the Supreme Court, in which key 
witnesses and related convicts testified that he had nothing to do with the 
case and was framed by Charles "Kelly" Kanu, a drug smuggler, because Eleweke 
implemented a no-drug policy and did not allow drug transactions in the 
restaurant he owned. The court rejected both of his appeals.

Indonesia's Merri, meanwhile, was arrested by Soekarno-Hatta officials in 
October 2001 for possession of 1.1 kilograms of heroin.

Tangerang State Court sentenced her to death in 2002, after which she filed a 
plea to a higher court. But the Tangerang High Court supported the earlier 
verdict.

In 2003, the Supreme Court also rejected Merri's appeal, and she had been on 
death row for 13 years before the Attorney General's Office (AGO) finally set 
her execution date for this week.

As the executions are expected in less than 72 hours, Cilacap Prosecutor's 
Office gathered legal and family representatives of the convicts and special 
envoys for document checks. Cilacap Police spokesman Adj. Comr. Bintoro said 
there would be 1,500 personnel deployed to secure the execution area.

Despite the irregularities in the cases raising questions as to whether the 
legal processes behind all the convictions were sound, the government has 
insisted the executions will go ahead.

Vice President Jusuf Kalla said that imposing the death penalty was in the 
hands of the courts. "The government only carries out the courts' sentences, 
which are final and binding," he said.

(source: Agus Maryono, Ganug Nugroho Adi and Andri Hajramurni ---- The Jakarta 
Post)

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

Indonesia ready to execute 14 this week despite doubts over prisoners' guilt 
---- 10 foreign nationals and four Indonesians face firing squad, in spite of 
claims of forced confessions, torture allegations and ongoing legal appeals; 
Who are the 14 people who could face the firing squad this week?


Lawyers in Indonesia are racing to lodge last-minute clemency appeals with 
President Joko Widodo as it appears increasingly certain that 14 prisoners will 
be executed this weekend.

14 prisoners on death row, including inmates from Nigeria, Pakistan, India and 
South Africa, and four Indonesians, have been moved to isolation holding cells 
on Nusa Kambangan.

The prison island off Central Java is the site where 2 rounds of executions 
were conducted last year: six prisoners were killed in January and eight, 
including Australians Andrew Chan and Myuran Sukumuran, in April.

Ostensibly hoping to avoid the international outcry that surrounded those 
executions, the government is yet to formally announce the specifics of the 
third round, stating only that it is fast approaching.

However, it is understood that after the diplomatic strain that followed the 
executions of 14 inmates last year, nationals from the US and Britain, 
including Britons Lindsay Sandiford and Gareth Cashmore, and American Frank 
Amado, will not face the firing squad this round.

Based on visits to prisoners held in isolation cells at Nusa Kambangan on 
Tuesday, a group of lawyers from the Community Legal Aid Institute (LBH) have 
compiled an unofficial list of those set to be executed.

Ricky Gunawan, the director of LBH and the lawyer for Nigerian national 
Humphrey Jefferson Ejike Eleweke, known as Jeff, was with his client on Tuesday 
when the inmate was called to sign a letter confirming the court decision on 
his narcotics case was final and binding.

The letter is essentially legal notice that a prisoner can be executed after 72 
hours. "Jeff did not sign the acceptance letter, though," said Gunawan. "He 
signed a letter of refusal and told the prosecuting officer: 'We are in the 
process of seeking clemency.'"

Lawyers say there is evidence to suggest that Jefferson is not guilty of the 
crime for which he was condemned to death - possessing 1.7kg of heroin - 
including an admission of guilt on his deathbed by the man who allegedly framed 
him.

Merri Utami, an Indonesian woman, is facing imminent execution in Indonesia and 
has made a last-minute appeal to the president, Joko Widodo, for clemency, on 
27 July 2016. Picture supplied by her legal representatives, Lembaga Bantuan 
Hukum Masyarakat.

Jefferson has previously refused to apply for clemency, arguing that it would 
equate to an admission of guilt to a crime he did not commit. But in a 
last-ditch effort, his lawyers lodged an appeal for clemency on Monday morning. 
Under Indonesian law executions cannot be carried out while a clemency appeal 
is still pending.

"Legally speaking it should be enough," Gunawan told the Guardian on Wednesday 
morning. "Whether or not that will happen in practice, we don't know."

A clemency appeal for Merri Utami, 42, an Indonesian woman being held in an 
isolation cell, was also lodged on Tuesday morning, together with a handwritten 
appeal to the president.

"I would like to extend my apologies for what I have ever done to this 
country," she wrote to the president.

"My respected sir, I'm asking for forgiveness and leniency from you so that my 
sentence can be lightened."

The National Commission on Violence Against Women (Komnas Perempuan) argues 
that Utami was duped into smuggling 1.1kg of heroin into Indonesia, after 
becoming involved with a Canadian man who showered her with gifts and then 
asked her to carry a bag back from their holiday together in Nepal.

Once arrested at Soekarno Hatta airport, Utami was allegedly taken to a hotel 
where she was beaten and threatened with rape.

News that the next round of executions is just days away has sparked outrage 
from rights groups, which argue that many of the cases of prisoners on death 
row in Indonesia are marked by questionable and inhumane practices, including 
beatings, torture and forced confessions.

Pakistani national Zulfiqar Ali - believed to be among those due to be executed 
this week - was violently beaten by police until he confessed to possessing 
300g of heroin, according to a report by Amnesty International, Flawed Justice: 
Unfair Trials and the Death Penalty in Indonesia.

Ali later required kidney and stomach surgery for injuries sustained in custody 
and was denied access to consular services and a lawyer for a month after his 
arrest in 2004, Amnesty said.

The Pakistani embassy in Jakarta confirmed it had been notified of Ali's 
imminent execution. The deputy ambassador, Syed Zahid Raza, said: "The embassy 
of Pakistan has approached all the concerned high officials to convince them it 
was not a fair trial for Mr Zulfiqar."

According to Amnesty International, at least 165 people are on death row in 
Indonesia, and more than 40% of those for drug-related crimes. Executions for 
drug-related crimes are in violation of international law.

The intense resumption of executions under Widodo, and his fight against a 
purported drug emergency, has come as a shock to many.

"President Widodo's era was supposed to represent a new start for human rights 
in Indonesia," said Josef Benedict, a deputy director for Southeast Asia at 
Amnesty International.

"Sadly, he could preside over the highest number of executions in the country's 
democratic era at a time when most of the world has turned its back on this 
cruel practice."

There has also been some criticism that Widodo, popularly known as Jokowi, is 
also singling out foreigners to be killed. Ten of the 14 expected to be 
executed are foreign nationals.

"I think it's quite a clever move," said Gunawan. "The public supports the 
death penalty, and probably Jokowi knows that if he executes he needs public 
support. If he chooses foreigners, he is shielded from criticism."

(source: The Guardian)

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

Stop Imminent Executions----Death Penalty for Drug Crimes Violates 
International Law


President Joko "Jokowi" Widodo of Indonesia should urgently commute the death 
sentences of at least 14 people who face imminent execution for drug 
trafficking, Human Rights Watch said today. The Indonesian government has not 
announced a date for the executions, but has warned that "the time is 
approaching." Jakarta-based diplomats have reported that the attorney general's 
office informed them that the executions will take place on July 29, 2016.

"President Jokowi should acknowledge the death penalty's barbarity and avoid a 
potential diplomatic firestorm by sparing the lives of the 14 or more people 
facing imminent execution," said Phelim Kine, deputy Asia director. "Jokowi 
should also ban the death penalty for drug crimes, which international law 
prohibits, rather than giving the go-ahead for more multiple executions."

Authorities have already transferred several death row prisoners, including 
Indonesian national Merry Utami and Pakistani national Zulfiqar Ali, to Nusa 
Kambangan island, where the executions are slated to occur. Pakistan's 
government is seeking to dissuade Indonesia from executing Ali, who has been on 
death row since 2005 for drug smuggling, alleging that Ali's "trial was not 
fair."

Foreign embassy personnel and media reports have confirmed that the death row 
prisoners also include 4 Nigerians, 1 Zimbabwean, and several Indonesian 
nationals. The Nigerians are Eugene Ape, Humphrey Jefferson Ejike Eleweke, 
Michael Titus Igweh, and Obinna Nwajagu, who were all arrested for drug 
trafficking in 2002 or 2003.

The government has not released an official list of prisoners facing the death 
penalty in the coming days. Indonesia's security chief, Luhut Binsar 
Pandjaitan, told reporters on May 13 that he wants these executions to occur 
without a "soap opera," a reference to Brazil's and Australia's highly 
publicized but unsuccessful efforts to prevent the execution of their citizens 
in Indonesia's most recent mass executions in April 2015.

Indonesia ended a 4-year unofficial moratorium on the death penalty in March 
2013. President Widodo has sought to justify the use of the death penalty on 
the basis that drug traffickers on death row had "destroyed the future of the 
nation." In December 2014 he told students that the death penalty for convicted 
drug traffickers was an "important shock therapy" for anyone who violates 
Indonesia's drug laws.

The alleged deterrent effect of the death penalty has been repeatedly debunked. 
Most recently, on March 4, 2015, the United Nations assistant secretary-general 
for human rights, Ivan Simonovic, stated that there was "no evidence that the 
death penalty deters any crime." Even with respect to murder, an Oxford 
University analysis concluded that capital punishment does not deter "murder to 
a marginally greater extent than does the threat and application of the 
supposedly lesser punishment of life imprisonment."

According to the most recent statistics issued by the minister of law and human 
rights, Yasonna Laoly, 133 people were on death row in Indonesia as of January 
2015. They included 57 convicted of drug trafficking, 2 for terrorist offenses, 
and the remaining 74 for murder or robbery.

Human Rights Watch opposes the death penalty in all circumstances because of 
its inherent cruelty. Indonesia's use of the death penalty is contrary to 
international human rights law, statements of UN human rights experts, and 
various UN bodies. Human rights law upholds every human being's "inherent right 
to life" and limits the death penalty to "the most serious crimes," typically 
crimes resulting in death or serious bodily harm. Indonesia should join the 
many countries already committed to the UN General Assembly's December 18, 2007 
resolution calling for a moratorium on executions, a move by UN member 
countries toward abolition of the death penalty.

In a March 2010 report, the UN Office on Drugs and Crime called for an end to 
the death penalty and specifically urged member countries to prohibit use of 
the death penalty for drug-related offenses, while urging countries to take an 
overall "human rights-based approach to drug and crime control." In its 2014 
annual report, the International Narcotics Control Board, the agency charged 
with monitoring compliance with UN drug control conventions, encouraged 
countries to abolish the death penalty for drug offenses. The UN Human Rights 
Committee and the special rapporteur on extrajudicial, summary or arbitrary 
executions have concluded that the death penalty for drug offenses fails to 
meet the condition of "most serious crime." In September 2015 the UN High 
Commissioner for Human Rights reaffirmed that "persons convicted of 
drug-related offences ... should not be subject to the death penalty."

"President Jokowi should recognize the well-documented failure of the death 
penalty as a crime deterrent and allow Indonesia to join the growing number of 
countries that have abolished capital punishment," Kine said. "Jokowi would 
demonstrate leadership and respect for human rights by granting clemency to 
convicted drug traffickers on death row and restoring Indonesia's unofficial 
moratorium on the death penalty."

(source: Human Rights Watch)

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

Women's Commission Pleads for Mercy for Death-Row Inmate Merry Utami


The National Commission on Violence Against Women, or Komnas Perempuan, 
appealed to President Joko Widodo on Tuesday (26/07) to postpone the execution 
of Merry Utami - a convicted drug-trafficker now on death row.

Merry, 42, 1 of the death-row inmates scheduled for a 3rd round of executions 
by the Indonesian government, was moved from the Tangerang Women's Prison to 
the notorious Nusakambangan prison island on Sunday morning.

Merry was sentenced to death in 2003, after being arrested at the 
Soekarno-Hatta International Airport and charged with possession of 1.1 
kilograms of heroin.

The commission's chairwoman, Azriana R.M., said it had sent a letter to 
President Joko "Jokowi" Widodo on Tuesday morning urging a stay of Merry's 
execution until a clemency decision is announced.

In the letter, the commission said it fully supports the government's effort to 
fight drug abuse but rejects the death penalty for people who have been coerced 
into smuggling drugs by human trafficking syndicates.

"The government needs to consider clemency for Merry. She is a victim of 
domestic violence and human trafficking. The state should not execute innocent 
people," said Azriana during a press briefing in Jakarta on Tuesday.

In 2001, having divorced a man who forced her to become a migrant worker in 
Taiwan, Merry began a relationship with a man named Jerry. After 3 months the 2 
traveled to Nepal.

After 3 days, Jerry headed to Jakarta for a business trip and asked Merry to 
join him 1 day later as there were some items he needed her to bring from 
Nepal.

"Merry was told to bring a new handbag to be sold at the Tanah Abang market. 
She complained that the bag was unusually heavy, but she was told that was 
normal since it was an expensive bag," said Komnas Perempuan commissioner 
Adriana Venny.

Merry's appeal was rejected by the Tangerang High Court in 2002. In 2014, the 
Supreme Court refused to annul her death sentence.

Adriana said Merry and her lawyers are still in the process of requesting a 
pardon from President Jokowi as the copy of the 2014 Supreme Court ruling was 
delivered only days before Merry was moved to Nusakambangan Prison.

In 2015, despite repeated pleas for mercy from foreign governments and 
international organizations, Indonesia executed 14 people for drug trafficking 
- among them citizens of Australia, Brazil, the Netherlands and Nigeria.

Only Mary Jane Veloso of the Philippines received a stay of execution last year 
after a woman, who allegedly planted drugs in Veloso's luggage, gave herself up 
to that country's police. Veloso will not be in the next round of executions.

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

MPR Speaker Supports Drug Executions


Jakarta. Zulkifli Hasan, speaker of the People's Consultative Assembly (MPR), 
supports the death penalty for drug convicts, he said in Jakarta on Tuesday 
(26/07).

"It has been a full legal decision, as also reminding that our country is in 
drug emergency," Zulkifli, adding that the illegal drug distribution chain in 
Indonesia should be cut off down to its roots.

The death penalty is a major aspect in the government's war against drugs.

"Narcotics have ruined the future of our youth. Therefore, let us battle it 
together," Zulkifli added.

He praised the work of law enforcement agencies, particularly the Attorney 
General's Office, in combating the threat.

The AGO will execute 16 drug convicts currently on death row, with preparations 
taking place now.

The imminent executions will be the 3rd in President Joko "Jokowi" Widodo's 
administration, a sharp difference in policy between him and predecessor Susilo 
Bambang Yudhoyono who put the sentence on hiatus for a number of year.

(source for both: Jakarta Globe)

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

3 university students could face death penalty


3 public university students are facing the prospect of being sent to the 
gallows after they were caught in possession of cannabis during an operation by 
anti-narcotics police.

State Narcotics Crime Investigation Department (NCID) head Supt Lukas Aket said 
the detained students comprised 2 males and a female aged in their early 20s.

"The 3, all locals, were arrested during an operation carried out last Friday 
(July 22) around 11.45pm at Jalan Datuk Mohd Musa in Kota Samarahan.

"During an inspection, roughly 367 grams of cannabis worth some RM2,000 was 
found and seized from the suspects," he told a press conference yesterday.

Lukas further revealed that the 2 male students tested positive for amphetamine 
during a subsequent urine test.

"All 3 have been remanded until July 29 for further investigation under Section 
39B of the Dangerous Drugs Act 1952, which carries the mandatory death penalty 
upon conviction," he said, adding that police expect to make more arrests soon 
as a result of the trio's arrest.

The state NCID chief disclosed that Friday's case was the 3rd drug-related 
arrest this year involving university students.

He thanked the public for their assistance in channelling information to the 
NCID and the police in general on drug-related activities, saying such 
cooperation is vital in helping to wipe out the drug menace in the state.

(source: Borneo Post)

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

Executions will put Jokowi on the wrong side of history


Indonesian President Joko Widodo, popularly known as 'Jokowi', will be putting 
his government on the wrong side of history if he proceeds with a fresh round 
of executions, Amnesty International said today.

Amnesty International received credible reports that at least 14 people could 
be executed this week, who consist of four Indonesian and 10 foreign nationals, 
including a Pakistani, an Indian, a Zimbabwean, a Senegalese, a South African, 
and 5 Nigerians.

"President Widodo's era was supposed to represent a new start for human rights 
in Indonesia. Sadly, he could preside over the highest number of executions in 
the country's democratic era at a time when most of the world has turned its 
back on this cruel practice," said Josef Benedict, Amnesty International's 
Deputy Director for South East Asia and the Pacific.

Amnesty International has learned that at least a dozen death row prisoners 
could be executed as soon as this weekend, many of them for drug offences. The 
organization is also concerned that some of the prisoners who could face the 
firing squad were convicted in manifestly unfair trials and have not submitted 
clemency request to the President. In a report published by Amnesty 
International last year, the organization found that in 12 cases defendants 
were denied access to legal counsel at the time of their arrest, and at 
different periods thereafter. Some claimed they were subject to torture and 
other ill-treatment while in police custody, and were forced to "confess" to 
their alleged crimes. To date, these claims have not been investigated by the 
authorities.

The Indonesian government's decision to go ahead with a third round of 
executions has already met with an appeal for clemency by Pakistan and many 
others.

The Pakistani authorities have called on their Indonesian counterparts to halt 
the execution of Zulfiqar Ali, a Pakistani national and textile worker, who has 
described how he was tortured in custody and has spent more than a decade on 
death row for a drug offence. During his pre-trial detention, he was refused 
the right to contact his embassy and was not permitted any access to a lawyer 
until approximately 1 month after his arrest.

"As the case of Zulfiqar Ali shows, international law has been repeatedly 
violated in death penalty cases, from the time of arrest, throughout the trial, 
and at appeal stage. Regardless of what we think of the death penalty, no one 
must have their life decided on the basis of such flawed proceedings," said 
Josef Benedict.

"The international community should be alarmed by the revival of executions, 
and other countries should speak up for those facing the death penalty in 
Indonesia."

The decision to resume executions is also proving controversial inside the 
country, including opposition from religious clerics and parliamentarians.

Indonesia has a strong record of fighting for the rights of its citizens abroad 
on death row, but that is a position that the authorities do not consistently 
uphold at home, where President Widodo has claimed that the death penalty is 
needed to deter drug crime.

"There is no evidence to support President Widodo's position. The death penalty 
does not deter crime. Carrying out executions will not rid Indonesia of drugs. 
It is never the solution, and it will damage Indonesia's standing in the 
world," said Josef Benedict.

"If President Widodo is serious about claiming a place for Indonesia on the 
world stage and as a leader for the region, he cannot ignore its human rights 
obligations. The 1st step towards that must be a moratorium on executions with 
a view to ridding Indonesia of the unjust punishment once and for all."

Background

The last executions to occur in Indonesia were carried out in January and April 
2015, when 6 and 8 people, respectively, were put to death by firing squad. The 
previous administration under Susilo Bambang Yudhoyono carried out 21 
executions between 2005 and 2013.

At least 4 death row prisoners were moved to Indonesia's Nusakambangan prison 
island in recent weeks, where 13 of the 14 executions carried out in 2015 took 
place. The death row prisoners have been convicted of drug-related offences and 
some did not receive a fair trial.

In cases examined by Amnesty International, some prisoners claimed the police 
tortured them, including to extract 'confessions'. Many weren't given access to 
a lawyer at the time of their arrest and at other stages of the process.

In a 2015 report, Flawed Justice: Unfair Trials and the Death Penalty in 
Indonesia, Amnesty International highlighted the cases of 12 death row 
prisoners whose cases illustrate the manifestly flawed administration of 
justice in Indonesia that resulted in flagrant human rights violations.

Amnesty International opposes the death penalty in all cases without exception, 
regardless of the nature or circumstances of the crime; guilt, innocence or 
other characteristics of the individual; or the method used by the state to 
carry out the execution.

(source: Amnesty Internatnional)






CHINA:

Chinese corruption prosecutors seek death penalty for mother of Wanting Qu, pop 
star girlfriend of Vancouver's mayor----Qu Zhang Mingjie is accused of 
embezzling 350 million yuan in a real estate scam in Harbin, where she was a 
city official

Last week, Wanting Qu, the Chinese pop star girlfriend of Vancouver Mayor 
Gregor Robertson, released a new song.

Titled Your Girl, the single is dedicated to her mother, Qu Zhang Mingjie. 
"Though I haven't been able to talk to her, feel her or reach her in any way in 
the last 2 years, I know deep down in my heart, there's a place that's warm 
like the sun and bright like the moon. It's a place for a daughter like me and 
a mother like her. I believe that place exists in everyone's heart. I hope she 
can hear the song and it gives her love and strength," the singer said, 
according to her record label, in a statement released on Wednesday.

Zhang likely needs all the strength she can get.

On the very day that her daughter was paying tribute, Zhang, a former official 
in Harbin city, was told at her Chinese corruption trial that prosecutors want 
her executed.'

The accusations against Zhang are grave - she is accused of embezzling about 
350 million yuan (C$69 million), in a real estate scam that reportedly left 
hundreds of impoverished farm workers in appalling conditions. The accusations 
are strongly denied by her defence, which told the July 19-20 trial at the 
Harbin City Intermediate People's Court that her confession had been obtained 
illegally.

According to a lengthy account of the trial by the official Xinhua news agency, 
the case against Zhang centres on a 2009 deal to transfer control of a 
state-owned Harbin corn farm into the hands of Harbin Dongjiang Agricultural 
Technology Co, a private agricultural firm. But Zhang - the city official in 
charge of the transfer - secretly conspired with the firm's representative, Wei 
Qi, and co-accused Wang Shaoyu to doctor the terms of the sale.

"Zhang deceived, with multiple reasons, the management of the farm and senior 
officials in charge of the matter into signing a final agreement that included 
terms on the transfer of the rights of using state-owned land," Xinhua 
reported.

It said that Wang - reportedly a friend Zhang's who worked as an architecture 
professor - later represented her to sign a deal with Wei to split hundreds of 
millions of yuan in profits from their 3-year deception in July 2012.

Although the Xinhua account does not clearly explain the exact purpose of the 
alleged fraud, private outlets covering the trial said the terms of the sale of 
the farm illegally included its land-use rights; instead of the rights being 
transferred to various city bodies, they went to Dongjiang. The land rights 
were then transferred to another company controlled by Wei, Harbin Xianfa Real 
Estate Development Co, with plans to transform the site into a huge housing 
project. Harbin Xianfa then hired Wang as general manager and Zhang's brother, 
Zhang Mingzhe, as his deputy, thepaper.cn reported. Zhang Mingzhe's son was 
also reportedly hired.

Workers 'left without heating' in frigid dorms

According to thepaper's account, the victims of Zhang's alleged scam were not 
only the state bodies that were deceived.

They included 420 staff and 146 retired workers who lived in dormitories on the 
50-hectare farm.

The Xinhua account alludes to this, saying that Zhang failed to enforce the 
payment of resettlement fees to the workers, and instead allowed Dongjiang Co 
"to unlawfully transfer 61.6 million yuan into a bank account which was opened 
under the name of the farm, which was actually controlled by Dongjiang."

Thepaper's account is more stark: it says the live-in workers were offered a 
pittance in severance - one 20-year employee was given less than 2,000 yuan - 
and left to suffer in appalling conditions.

After the 2009 deal went through, the farm's new owner simply stopped paying 
the workers' pension insurance, health insurance, and other benefits. 
Alarmingly, thepaper reported, the boiler room that heated the farm's dormitory 
was shut down in 2009, leaving workers to suffer frigid conditions in a 
province where the January low averages -24 Celsius. The dorm's frozen water 
pipes burst. Workers resorted to coal fires to stay warm.'

The deprived staff were so far owed more than 11.4million yuan, Xinhua 
reported.

"The court was told that Zhang had not only breached her duty as a civil 
servant, but also committed the crimes of embezzling public properties worth an 
enormous amount of money," Xinhua reported. "Zhang was also said to have 
committed the crimes of bribe-taking and abusing authority, leading to a severe 
loss of public assets."

In addition to embezzlement, Zhang is accused of taking a 100,000 yuan bribe 
from subordinate Sun Wenjun, who was Party Secretary of Yushu County, and 
county chief Liu Xiaoming, "as a reward for her to provide them with a benefit 
relating to land requisition matters".

Xinhua said that Zhang and Wang were both subjected to cross-examination.

"Both defendants and their defence teams claimed that the confessions given 
during investigations had been taken using illegal methods so they should be 
rendered useless and could not prove that the defendants had committed the 
crimes," the report said.

The state-run China Daily newspaper carried only a 1-paragraph report of the 
trial, but included a crucial point omitted by Xinhua: prosecutors concluded by 
recommending that Zhang Mingjie be sentenced to death.

The case has been adjourned, without a date for a verdict or sentencing.

Wanting Qu did not respond to an interview request lodged with Nettwerk, her 
Canadian record label.

"I experienced so much emotion, so much confusion, anger, sadness and anxiety," 
she said of her mother's detention in her July 20 press release. "I knew the 
only way for me to survive was through songwriting, my therapy to stay sane ... 
to hold myself together."

(source: South China Morning Post)






PAKISTAN:

Capital punishment: Man awarded death penalty in Swabi


A man was awarded the death penalty in Swabi for killing an Awami National 
Party leader. Chota Lahor court additional session judge Fakharul Zaman Khan 
convicted Sher Ali and sentenced him to death. A fine of Rs500,000 was also 
imposed on him. As per the verdict, if Ali failed to pay the fine, he would be 
sentenced to 2 years of imprisonment. On August 27, 2010, Ali had opened fire 
on an ANP leader and a former district council nazim Shah Roam Khan. He was 
taken into custody soon after.

(source: The Epxress Tribune)






TURKEY:

Turkey Undecided on Reinstating Death Penalty Post-Coup Attempt - Deputy PM


Turkey has not yet decided on the reinstatement of the death penalty following 
a coup attempt that took place this month, Turkish Deputy Prime Minister Mehmet 
Simsek said Tuesday.

A coup attempt took place in Turkey on July 15 and was suppressed the following 
day. Over 240 people were killed and more than 2,000 injured during the failed 
coup excluding the victims among the coup plotters, according to the country's 
authorities.

"The decision is still pending," Simsek told reporters on a visit to Russia as 
head of the Turkish delegation.

Turkey's President Recep Tayyip Erdogan said the country would have capital 
punishment back on the law books if the people demanded this.

(source: Sputnik news)





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