[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

June 25



GLOBAL:

Inhuman punishment to the death penalty: where being gay is a crime----More 
than 70 countries in the world have some sort of punishment for homosexual 
intercourse


Some of the punishments that include more than 70 countries in the world are 
fines, prison, whipping, imprisonment or even death penalty for those who 
maintain a homosexual relationship, according to the report "Homophobia of 
State 2017" of the International Association of lesbian, gay, bisexual, Trans 
and Intersex (ILCA).

According to the report, in 124 countries in the world, relations between 
adults of the same sex are not criminalized. Some of these never had provisions 
that criminalizing these acts, while others have repealed them. Despite this, 
says the Agency, in many of these countries, lesbian, gay, bisexual, 
transsexual, transgender, transvestite and intersex (LGBTTI) suffer clear 
discrimination and social stigma.

The death penalty

The same report points out that there are 13 countries in which relations 
between people of the same sex are punished with the death penalty.

In Saudi Arabia, Iran, Yemen and Sudan, this sentence applies effectively 
throughout its territory under Sharia law, or Islamic law. In Nigeria and 
Somalia applies only in some provinces, also under Islamic law.

In Iraq and Syria, this sentence is implemented in the occupied territories in 
both countries by the Group extremist Islamic State (EI). Even videos on social 
networks where jihadists throw men, accused of being gay, from the top of 
buildings, as they claim, says Islamic law have spread.

While in Afghanistan, Qatar, Pakistan, Mauritania and the United Arab Emirates 
the death penalty for same-sex relations is codified in law, this does not 
usually apply.

Fines to inhuman punishments

In 71 countries, says the report, homosexual relations are considered illegal 
and condemned with punishments which the UN has designated as "cruel, inhuman 
and degrading".

Some of these Nations, the law applies only to men, but in most it is also 
applied to women.

According to the ILCA report, most of the Nations that punish homosexuality are 
in Africa: Algeria provides for up to 2 years in prison; 15 Ethiopia and Gambia 
gives life sentence, to give some examples.

Asia is the second continent with more countries that criminalize 
homosexuality. In India, for example, is punishable by up to ten years in 
prison "carnal relations against the order of nature". But there are also some 
countries in America taking measures like Jamaica, Barbados, Grenada and 
Guyana.

In addition, some countries - such as Kenya, Cameroon, Egypt, Uganda and Zambia 
- allow, under law, forced Annals examinations and mandatory testing for HIV 
and hepatitis B "suspicious men's sexual behavior with someone of the same 
sex".

Made-up criminalization

On the other hand, there are at least 19 countries in the world that have laws 
of promotion or advertising, and norms that regulate moral and restrict freedom 
of expression in relation to sexual orientation, including Russia, Lithuania, 
Egypt, Indonesia and Jordan.

"Conversion" therapies and clinics

According to the ILCA, there are some countries where there are so-called 
clinics or hospitals that promise to treatments of "conversion" or "cure" 
homosexuality.

Although they are not legally accepted, these sites are managed as against 
Addictions clinics and carry out unregulated, and often tortuous procedures.

However, in many countries, discourse on the use of this type of practice is 
often normalized, the absence of a clear and informed dissent on the matter.

The most talked-about cases currently are the so-called "gay concentration 
camps" in Chechnya. Despite the fact that the authorities of Russian territory 
that has denied its existence, some survivors have reported torture and abuse 
experienced in these places.

Another case is that of clinical of conversion in Ecuador which, although they 
are not accepted by law, working clandestinely under the guise of treatments 
for addictions.

The photographer Paola Paredes denounced through a series of images - recreated 
after interviewing the victims, abuse, torture and even "corrective rape" 
suffered by the inmates in hundreds of these places that exist in the South 
American country.

After a thorough investigation, the photographer Paola walls revealed what lies 
behind hundreds of "hospitals" that promise to "cure" homosexuality and that 
operate in a clandestine manner in Ecuador.

Mexico

Our country is part of the 124 Nations that does not criminalise relations 
between people of the same sex.

In June 2015, the Supreme Court of Mexico stated that it was contrary to the 
Constitution for a State to deny the recognition of a marriage between persons 
of the same sex validly celebrated in another State, even though there have 
been voices, mainly from Western Mexico, still opposed to the recognition of 
equal marriage.

On the issue of discrimination, in 2014, article 9 of the Federal Act to 
prevent and eliminate discrimination was modified to prohibit incitement to 
hatred and violence. Article 1 of this law includes "sexual preferences" as one 
of the prohibited grounds. Federal determinations also prohibit employment 
discrimination on these grounds and employers who commit them can face severe 
penalties.

(source: businessmonkeynews.com)






CHINA:

Life imitates drama in corruption case, but is justice served by China's 
secrecy over the death penalty?


The execution of a former senior Chinese Communist Party official last month 
could have been lifted straight from the plot of "In the Name of the People", 
the hugely successful anti-corruption drama that is currently captivating 
mainland audiences.

Zhao Liping, the former Communist Party Secretary of the Public Security 
Department of the Inner Mongolian Autonomous Region, had been convicted of 
murder, a charge which brought him the death penalty, as well as corruption and 
other charges. A short state media report on his execution received a flurry of 
positive reactions on social media. One popular post read, "Wow, this is the 
real life version of Qi Tongwei!" - a reference to the corrupt and scheming 
high-level police official in the TV series.

The blockbuster series has quickly become one of the most popular in Chinese 
television history, in part for its depictions of decadent corruption: senior 
officials hiding literally tons of cash in luxury villas, top judges sleeping 
with foreign sex workers, sons of high-ranking officials using political 
connections to build massive business empires, and networks of corrupt 
officials suppressing workers' rights by bending the law.

But - spoiler alert - in the TV series corrupt officials can never, ultimately, 
escape the long reach of the law. All corrupt officials and their family 
members eventually get lengthy prison terms, and one even gets a death 
sentence.

At the same time, anti-corruption agents come off as earnest and honest. They 
are depicted as dedicated in getting to the truth in investigations, no matter 
how many obstacles they face.

And the highest ranking Communist Party official in the drama, Provincial Party 
Secretary Sha Ruijin, in a not-so-subtle idealized version of President Xi 
Jinping, is as determined to crack down on corruption as he is to "Serve the 
People".

But if Zhao Liping's execution was seen by audiences as akin to the corrupt 
officials from "In the Name of the People" getting what they deserve, was the 
case actually as clear cut as the public was made to believe?

No state media reports mentioned the troubling issues raised by Zhao Liping's 
family and legal team: allegations of torture and other ill-treatment to 
extract a "confession??? used to convict him, the fact that he spent 9 months 
in detention without ever seeing a lawyer, and evidence of conflicting witness 
testimonies.

3 witnesses to events in the case identified another suspect, but they were not 
called to give evidence at Zhao Liping's 1st trial. During the 2nd trial, only 
1 witness was called, and he substantially changed his original testimony.

There is more than enough evidence to suggest that Zhao Liping did not receive 
a fair trial and at the very least should have been granted a retrial.

The fact that state media omitted such serious allegations shows the lengths 
the government is prepared to go to manipulate public opinion and ensure 
support for government policies, including those on corruption and the death 
penalty.

China claims it is making progress towards transparency in the criminal justice 
system but executions remain shrouded in almost absolute secrecy. The selected 
cases that receive national media attention almost always serve a political 
purpose.

As Zhao Liping's case shows, it is hard for the Chinese public to engage in an 
informed debate on the death penalty since they can only view a scatter shot of 
cases that make it to the media.

Judicial authorities have a duty to address claims about unfair trials, and 
especially so in death penalty cases since mistakes can not be rectified. 
Transparency in the legal process is an essential safeguard of fair trial but 
in many of these cases important concerns are air-brushed from government 
narratives.

The clear aim is to skew public opinion and avoid scrutiny of the defects of a 
judiciary that is not independent but led by the Communist Party.

An exhaustive Amnesty International investigation published in April showed 
that despite claims of progress towards transparency, China continued to 
enforce an elaborate secrecy system designed to obfuscate the extent and 
details of the thousands of executions taking place each year.

Only a fraction of the cases believed to have been conducted were included in 
the database, including several hundred cases that had been reported in state 
media.

And so while the public is led to believe that the fight against corruption is 
as simple as it appears on TV, the reality is very different. Sometimes even a 
police chief, as seems possible in the Zhao Liping case, is denied a fair trial 
and is subjected to torture or other ill-treatment.

If the government truly wants people to trust the law, it must end its reliance 
on fiction when it comes to how the justice system works - and how much it has 
to progress. Undertaking such transparency really would be "In The Name of the 
People".

(source: Hong Kong Free Press)






NIGERIA:

IGP recommends death penalty, life jail for sentence for kidnappers


Inspector General of Police (IGP), Ibrahim Idris, has advocated death penalty 
or life jail for anyone guilty of kidnapping.

The IGP, who spoke in Abuja, said the punishment applicable to kidnappers 
needed to be patterned after the laws of Lagos and some other states.

The IGP was discussing the issue of the suspected billionaire kidnapper, 
Chukwudubem Onwuamadike also known as Evans, while holding a session with 
members of civil society organisations (CSOs).

? The IGP told the CSOs that states needed to impose sanctions on kidnappers 
just as it is in Lagos and other states.

Lagos State governor, Akinwumi Ambode had in February, signed into law the 
anti-kidnapping bill, which was passed into law in January by the state 
assembly.

The law approved death penalty for kidnappers whose victims die in the process 
of kidnap.

States such as Baylesa, Anambra, Bauchi and Kano, have also introduced laws 
that approved death penalty for kidnappers.

According to the IG, there is the n???ed to review the nation's laws to ensure 
that stiffer punishments are meted to kidnappers.

"We should start looking at punishment and the possibility of establishing 
special courts to address issues of kidnapping.

"On daily basis, we arrest hundreds of suspects. We should look for a way to 
review our laws and impose sanctions like we have in some states like Anambra, 
Lagos, Kano and Imo.

"Evans has undoubtedly changed the face of kidnapping in this country, if you 
see his magnificent mansions in Ghana.

"That was why he refused to invest in his own state and preferred to build 
houses in Ghana and other places.

"This was because he knew his investments would be lost. So the issue of 
punishment is very important.

"He told his boys not to have landed property in either Anambra or Imo because 
he was aware the houses will be demolished and the boys ostracised if caught.

"He refused to own any property in his place. You know, in that part of the 
country, even in churches, relatives of kidnap suspects are avoided and treated 
as outcast by people.

"You can see why our youths have taken this way to easy life. That is why we 
have to up the risk. If you engage in kidnapping the punishment should be death 
or life imprisonment.

"We need to review those punishments, we should have a time frame for the 
conclusion of the trial of suspects.

"This will serve as a deterrent to youths that may wish to engage in the 
crime," he said, adding that "some of these local people don't really 
understand, they see people being paraded on television after arrest and think 
that is just where it ended.

"Kidnapping obviously has become a very major challenge for us in this country. 
However, I am happy to state that in virtually over 80 % of cases reported to 
the police, the suspects were arrested," he stated.

(source: nigerian Tribune)






EGYPT:

Main opposition CHP leader Kilicdaroglu calls on Egypt to halt executions


Turkey's main opposition Republican People's Party (CHP) leader Kemal 
Kilicdaroglu called on Egypt Saturday to halt the executions of six men 
convicted in the murder of a police officer earlier in June in a trial that has 
been described as "flawed" and "unfair" by international organizations and 
human rights groups.

Speaking to reporters ahead of the 10th day of his march from Ankara to 
Istanbul on the eve of the Ramadan holiday, Eid al-Fitr, Kilicdaroglu expressed 
that he hopes for a peaceful and calm Eid al-Fitr across the Muslim world.

"There is one thing that deeply upsets me during this Ramadan holiday and 
Ramadan, which is the executions in Egypt. We know that political executions do 
not bring any benefits to any society. Turkey went through this and suffered a 
lot as a result of this issue. We have commemorated politicians that we 
formerly executed. We have named squares, dams, roads and schools after them. 
This was done in a way to overcome the injustice we have caused but the ones 
who died never return," Kili???daroglu said, referring to the executions of 
former Prime Minister Adnan Menderes, Foreign Affairs Minister Fatin R???st??? 
Zorlu and Finance Minister Hasan Polatkan who stood unfair trials conducted 
after the 1960 military coup. Numerous young political activists, charged with 
crimes ranging from murder to crimes in violation of the constitution, were 
also executed after the 1971 and 1980 military coups.

"That is why I would like to call on the authorities in Egypt and the brotherly 
people of Egypt. Tomorrow is the Ramadan holiday. If you want definitive proof 
that no society benefits from executions, you should look at Turkey's history. 
We want the Ramadan festivities to bring a sense of peace, brotherhood and 
calmness to the Muslim world. There is bloodshed and tears falling all across 
the Muslim world," Kilicdaroglu said.

Egypt's top appeals court upheld the death sentences against the men, known as 
the Mansoura 6 in a reference to the Nile Delta city where they were tried, 
charged with killing Sergeant Abdallah al-Motweli, who guarded the house of a 
judge who was on a panel of judges in the trial of Egypt's former President 
Mohamed Morsi of the to 20 years in which he was sentenced to 20 years on 
charges of killing protesters during his reign.

The men were arrested among others in 2014, less than 2 weeks after the guard 
was killed. Egypt's Interior Ministry accused them of belonging to the Muslim 
Brotherhood group, which was outlawed after Morsi was toppled on July 3 by the 
military headed by then Defense Minister Gen. Abdel Fattah el-Sissi.

Human rights groups urged Sissi, who was elected president in 2014, to 
intervene by a Thursday deadline to commute the death sentences, which can no 
longer be appealed after Egypt's top court this month upheld their conviction.

"The most important recommendation is protecting the 6 young men's right to 
life, which only the president can currently do through commuting the 
sentences," the Geneva-based Committee for Justice (CFJ) said on Wednesday.

In a detailed 30-page report based on a review of court records and interviews 
with their families and lawyers, the CFJ highlighted what it said were several 
violations faced by the defendants.

The report focused on several violations: the defendants were forcibly 
disappeared, not legally arrested, and were tortured into confessing. Their 
confessions were taped and aired by the police before prosecutors questioned 
them, the report also said, in violation of Egypt's penal code.

Egyptian authorities do not comment on cases after a court has issued a 
verdict. The Interior Ministry denies all allegations of abuse.

The Mansoura 6 were kept in illegal detention centers, denied access to 
lawyers, and were kept in inhumane conditions, CFJ's report also said. Court 
records seen by Reuters show the judge based his verdict on police 
investigations that cite "secret" sources which officers refused to reveal in 
court.

Amnesty International also urged Sissi to intervene to prevent the execution of 
the 6 men.

"The death penalty is the ultimate cruel, inhuman and degrading punishment. No 
one should be deprived of their right to life, no matter how horrific the 
crimes they have been accused of are," said Najia Bounaim, Amnesty's North 
Africa Campaigns Director.

"Time is running out to save these men's lives, they can be executed at any 
time. The Egyptian authorities must immediately halt these executions."

U.N. human rights experts also urged Egypt on Thursday to halt the execution of 
6 men, saying that their trials were "flawed" and "did not meet international 
standards of fairness."

"The defendants recanted the confessions made under torture, and asserted that 
the severity of torture allegedly made them consent to memorize police stories 
that confirm the charges against them," the Egyptian Initiative for Personal 
Rights said in a statement earlier this month.

U.N rights experts expressed "deep concern" over the convictions of the men 
based on "forced confessions" which were later retracted and demanded 
clarification from Egyptian authorities.

"This is in clear violation of Article 1 of the Convention against Torture, to 
which Egypt is a party," they said, adding that supporting evidence used 
against the men, as well as testimonies from state security members, showed 
major inconsistencies.

International watchdogs have repeatedly voiced their concern over human rights 
abuses in Egypt, allegations Egypt routinely denies or attributes to isolated 
instances.

(source: Daily Sabah)






PAKISTAN:

Our rampant misuse of death penalty----Pakistan must right the series of 
wrongful executions by bringing back the moratorium on the death penalty


Pakistan lifted a seven-year moratorium on the death penalty in December 2014, 
in the wake of the tragic terrorist attacks on the Army Public School in 
Peshawar. Executions were restored under the pretence that they would only 
apply to individuals convicted of terrorism related offences. Of course, within 
a few months, Pakistan lifted the moratorium on all death-eligible crimes.

Terrorism and murder certainly fall under the category of death-eligible 
crimes; however, nonviolent offences such as adultery, kidnapping, highway 
robbery, and drug-related offences are also punishable by death. If you're a 
member of the Pakistani Army and you show "cowardice" in the presence of any 
enemy, you could be executed for that offence.

Furthermore, combined with the lack of due process in the Pakistani criminal 
justice system, many have been wrongfully executed. Pakistan has sentenced 
juveniles and mentally ill individuals to death despite domestic legislation 
and international treaties forbidding their execution.

Last year, the Supreme Court acquitted two brothers of murder charges, but it 
later turned out they had already been executed. Apparently, even dogs are 
unable to escape the death penalty in Pakistan.

Next month, Pakistan will be reviewed by the United Nations Human Rights 
Committee, the monitoring body for the International Covenant on Civil and 
Political Rights (ICCPR). Pakistan is likely to face backlash from the 
Committee over its use of the death penalty - it will be deja vu for a country 
that received a scathing Convention Against Torture review over the same issue 
earlier this year.

Pursuant to the ICCPR, Pakistan is required to reserve the death penalty for 
only the most serious crimes - intentional crimes with lethal or other 
extremely grave consequences. The Human Rights Committee has stated that 
imposing the death penalty "for offences which cannot be characterized as the 
most serious, including apostasy, committing a 3rd homosexual act, illicit sex, 
embezzlement by officials, and theft by force, is incompatible with article 6 
of the Covenant." Therefore, by executing those convicted of lesser offences, 
Pakistan's use of the death penalty is in direct violation of the ICCPR.

For this reason, Pakistan's cruel and unjust death penalty laws continue to 
face intense scrutiny from the human rights community. The United Nations, the 
European Union, and many local and international human rights groups around the 
world have demanded that Pakistan re-impose its moratorium on the death 
penalty. Despite the calls from these groups, the death penalty still attracts 
broad support among the Pakistani public. Many cite Islamic or Sharia law as 
the reason for their support. However, some of the 27 crimes that can receive 
the death penalty in Pakistan have no support in the Quran or authentic 
Hadiths; thus, even Sharia law is not a justification for such punishments.

Supporters of the death penalty often use the retributive justice argument to 
justify executing criminals, i.e. criminals deserve to be executed because we 
should "take an eye for an eye." We can set aside the fact that this argument 
fails for many of the crimes that are eligible to receive the death penalty - 
no one is arguing that the Pakistani Penal Code should state that the proper 
punishment is to kidnap a kidnapper or rape a rapist.

Due to the lack of due process in the Pakistani criminal justice system, many 
have been wrongfully executed. The country has sentenced juveniles and mentally 
ill individuals to death despite domestic legislation and international 
treaties forbidding their execution

Despite the inconsistency, this argument is still widely used to justify the 
executions of murderers. Even then, the retributive justice argument falls 
apart. If we were really "taking an eye for an eye," the death sentence would 
only apply to murderers who arbitrarily chose a victim, told the victim he 
would murder them at a specified date, confined them in a prison, tortured them 
mentally and/or physically for eleven years, and then finally murdered them.

No man can inflict such pain; only the state.

If Pakistan is not swayed by the moral argument against capital punishment, it 
must at least ensure that it is complying with its international commitments. 
Hundreds of people have been executed in our country as Pakistan has risen in 
the ranking of countries deemed to be the most prolific executioners in the 
world. Since lifting the moratorium, Pakistan has abused its power by executing 
individuals for crimes that breach the holdings of the Human Rights Committee, 
thereby violating the ICCPR.

The EU has already warned Pakistan that a failure to comply with international 
conventions could lead to the suspension of Pakistan's GSP+ status - a 
preferential tariff system that grants Pakistani products a duty-free access to 
the European market. As the Human Rights Committee reviews Pakistan's 
application of the ICCPR provisions in July, all eyes should be on Pakistan's 
violation of its moral and legal responsibilities. Pakistan must bring an end 
to the misuse of the death penalty and the series of wrongful executions in our 
country by bringing back the moratorium on the death penalty.

(source: Opinion, Amber Quershi; The writer is a J.D. student at Yale Law 
School and a summer intern at Justice Project Pakistan, a human rights law firm 
in Lahore----Daily Times)