[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

May 3



IRAN----execution

Prisoner Hanged on Murder Charges


On Sunday April 30, a prisoner was reportedly executed at Hamadan Central 
Prison on murder charges, and another prisoner was returned to his cell after 
his execution was temporarily halted.

Close sources have identified the prisoner who was executed as Imran 
Askardasht, 30 years of age. "He was charged with murder in 2010," a close 
source tells Iran Human Rights.

On the same day, a prisoner in Hamadan Central Prison, who is on death row on 
murder charges, had his execution sentence temporarily halted upon receiving 
consent from the plaintiffs on his case file. Close sources have identified 
this prisoner as Bakhtiar Leilinejad, 31 years of age.

Imran and Bakhtiar were both transferred to solitary confinement on Saturday 
April 29 in preparation for their executions.

(source: iranhr.net)






BANGLADESH:

Kishoreganj court sentences 4 to death for murdering 10-year-old boy


A Kishoreganj court has awarded the death penalty to 4 persons for the 
abduction and murder of a 10-year-old boy.

On Aug 12, 2014, Sakibul Hasan Tutul was kidnapped from a village in the 
district's Pakundia Upazila.

The abductors called the father Kamal Uddin on his phone and demanded Tk 1 
million in ransom. 2 days later, Tutul's body was found near his home, 
according to court documents.

On Wednesday, Kishoreganj's Women and Children Repression Prevention Tribunal 
delivered the verdict with the convicts on the dock.

Those received the death sentence are 'Dulal', 'Shohag', 'Aminul' and 'Dalim'.

Prosecutor AM Afzal said Tutul's father started the murder case accusing the 4.

(source: bdnews24.com)






EGYPT----execution

Egyptian authorities execute man convicted of raping and murdering 5-year-old 
girl in Minya governorate


Egyptian prison authorities executed Wednesday a 22-year-old man convicted of 
raping and murdering a 5-year-old girl in Upper Egypt's Minya governorate in 
March 2014.

Investigations in the case revealed that the convict kidnapped the girl, before 
taking her to an abandoned building in Maghaha village and raping her. He 
choked her with a cloth and repeatedly hit her in the head.

The convict's death verdict was upheld by the Court of Cassation in February 
2016.

The Minya governorate prisons department also executed Wednesday 5 people 
convicted of murder in Qena and Gharbeya governorates under tight security 
measures.

On Tuesday, an Egyptian criminal court referred to the Grand Mufti a death 
sentence issued against a man convicted of raping a 20-month-old child in the 
Nile Delta governorate of Daqahliya last month in a case known publicly known 
as "the diaper girl's case."

The court is expected to confirm the sentence on 2 June after the Grand Mufti 
gives his opinion, which is not legally binding, on the validity of the death 
sentence according to Islamic law.

The most famous case of the rape and murder of a child happened in the coastal 
governorate of Port-Said in 2013, when 2 minors kidnapped, raped and killed 
5-year-old girl Zeina Arafa, provoking rage and public outcry across the 
country.

The convicts in this case were sentenced by a criminal court to 20 years in 
prison. The court apologised to the public for not imposing capital punishment, 
as Egyptian law forbids issuing the death penalty to people younger than 18 
years old.

(source: ahram.org.eg)

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

Rapist of 2-Year-Old Girl Handed Death Penalty


An Egyptian Criminal Court gave a 35-year-old man, who had raped a baby girl in 
March, a death sentence, referring the case to Dar al-Iftaa.

The final verdict is to be issued on June 2.

Being the survivor's neighbour, the rapist narrated how he took her as she was 
playing in front of her house in Dakahlia governorate into an uninhabited room, 
removed her diaper before he raped her, and ran away when he found her 
bleeding. The year and 8 months old girl was transferred to a hospital to get a 
reconstructive surgery due to major damages in her vagina.

"My daughter can't utter the words mama and papa yet and all of this has 
happened to her. My heart is burning and there's nothing I can do for her," the 
mother of the raped child said, according to Egypt Independent.

The deputy of Egypt's al-Azhar, the largest Muslim beacon had called for anyone 
found guilty of molesting child to receive the death penalty, he told 
state-owned newspaper Al-Ahram.

In Egypt, all capital punishment sentences are referred to Dar al-Iftaa, a 
religious body giving rulings to the masses and consultation for the judiciary.

(source: egyptianstreets.com)






SOMALIA:

Somali boys executed killed for alleged terrorism


Somalia is under criticism following the execution of some children suspected 
to be members of the Al-Shabaab terror group.

5 boys, aged between 14 and 17, have been sentenced to death in the 
northeastern Puntland region for their alleged role in the killing of 3 senior 
administration officials in February.

A military tribunal meted the sentences.

There are plans to execute 2 more boys Muhamed Yasin Abdi (aged 17) and Daud 
Saied Sahal (15) also for their alleged membership of the Al-Shabaab and the 
killing of government officials.

Rights group, Amnesty International, said the boys were executed following a 
fundamentally flawed process during which they were tortured to confess, denied 
access to a lawyer and additional protections accorded to juveniles, and tried 
in a military tribunal.

"The lives of the remaining 2 boys must be spared," said Michelle Kagari, 
Amnesty International's deputy regional director.

Kagari said authorities should halt the executions and retry the boys in fair 
proceedings in a juvenile civilian court without recourse to the death penalty.

"The Puntland authorities must not allow more blood on their hands."

Amnesty nonetheless demanded those responsible for killing the 3 administration 
officials be identified and be brought to justice.

"Torturing juveniles to confess, subjecting them to an unfair trial and then 
executing them does not ensure this."

According to family members, the boys, who they denied were members of the 
Al-Shabaab, were subjected to electric shock, burnt with cigarettes on their 
genitals, beaten and raped into confessing to the murders.

(source: cajnewsafrica.com)





PAKISTAN----executions

4 hardcore Taliban terrorists executed


4 hardcore Tehreek-e-Taliban Pakistan (TTP) terrorists were sent to the gallows 
on Wednesday morning.

According to Inter Services Public Relations (ISPR), the terrorists named 
Barkat Ali, Muhammad Adil, Ishaq and Latif-ur-Rehman were involved in 
committing heinous offences relating to terrorism, including killing of 
innocent civilians, attacking Armed Forces of Pakistan and Law Enforcement 
Agencies.

Barkat Ali an active member of Tehreek-e-Taliban Pakistan. He was involved in 
killing of a civilian and was possessing fire-arms and explosives.

Muhammad Adil was also an active member of TTP and he was involved in 
kidnapping and slaughtering soldiers of Frontier Constabulary (FC) and 
destruction of a police station.

Ishaq was affiliated with Tehreek-e-Taliban Pakistan as well. He was involved 
in attacking armed forces of Pakistan and law enforcement agencies which 
resulted in death of a junior commissioned officer and injuries to a police 
constable.

Latif Ur Rehman was a member of TTP and was involved in kidnapping and killing 
security personnel and attacks on armed forces of Pakistan which resulted in 
death of many soldiers.

All 4 terrorists were found guilty in possessing arms and explosives. They 
confessed their crimes in front of a magistrate and were awarded death penalty.

(source: samaa.tv)

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

Death penalty for 3 in suicide attack case upheld


A Lahore High Court division bench on Tuesday upheld death penalty handed down 
to 3 men for their role in Police Emergency Rescue Service-15 building suicide 
attack.

The bench comprising Justice Sadaqat Ali Khan and Justice Shehram Sarwar 
dismissed appeals against the sentence filed by convicts Abid Akram, Sarfraz 
and Shabbir.

Counsel for the convicts argued that his clients were already in custody of law 
enforcement agencies when the suicide attack took place in 2009.

He said the FIR of the incident was lodged against unidentified suspects while 
the convicts were later implicated in the case.

The counsel argued that though prosecution failed to produce any direct or 
independent evidence against the convicts, the trial court awarded death 
sentence to them.

He asked the bench to set aside the conviction and acquit the convicts.

Opposing the appeals, a deputy public prosecutor argued that the convicts were 
the facilitators of the attack. He said Shahdara police had arrested the 
convicts on Dec 3, 2010 and during the interrogation they (convicts) confessed 
to their involvement in the Rescue-15 suicide attack.

The prosecutor further stated that police had also recovered weapons from the 
convicts' possession. He said the trial court had handed down the death penalty 
to the convicts in the light of convincing evidence produced by the 
prosecution.

After hearing both sides, the bench dismissed the appeals and upheld the 
conviction of the appellants.

An anti-terrorism court had on Jan 30, 2015 handed down death penalty to each 
convict on 23 counts. At least 26 people, including security personnel, had 
lost their lives in the attack while over 300 were injured.

(source: Dawn)

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

Christian Mother Asia Bibi's Death Sentence Appeal Delayed Again by Pakistan 
Supreme Court


Asia Bibi, the Christian mother imprisoned on death row in Pakistan, will have 
her appeal hearing delayed yet again after the nation's Supreme Court rejected 
a request for her case to be heard in early June.

Saiful Malook, Bibi's attorney, told the Pakistani news outlet The Express 
Tribune that Chief Justice Mian Saqib Nisar declined his client's request for 
an early hearing. As previously reported, Nisar, a Muslim lawyer, had submitted 
the request in mid-April for Bibi's case to be heard in the 1st week of June.

"I have been informed that the plea was declined by the CJP," Malook told the 
Tribune.

Bibi, who is also known as Aasiya Noreen and could become the 1st woman in 
Pakistan to be executed over a blasphemy allegation, has spent nearly 8 years 
in prison after local Muslim women accused her of insulting the Muslim prophet 
Muhammad. The women got angry because she drank from the same water bowl as 
them.

As blasphemy, in some instances, in Pakistan is punishable by death or life in 
prison, Bibi was sentenced to death in November 2010 even though she maintained 
her innocence.

"This is very unfortunate. Her husband became quiet when he heard the latest 
developments. We shall again apply for the hearing and keep struggling for 
justice," Joseph Nadeem, executive director of the Renaissance Education 
Foundation, told the Asia-based Catholic news outlet ucanews.com. "There are 
many factors at work behind the slow pace of judiciary. Her case has been in 
the doldrums due to huge pressure. There will be a strong reaction if Bibi is 
freed, opposing groups have made it a matter of honor and ego."

Initially, Bibi appealed her death sentence to the Lahore High Court but her 
hearing was delayed at least 7 times before her appeal was heard in October 
2014 and her sentencing was upheld.

Last summer, there was optimism that Bibi might finally have her appeal heard 
by the Pakistan Supreme Court. It was reported that Nisar had ordered Bibi's 
appeal to be heard in the second week of October 2016.

However, the hearing was postponed. According to the American Center for Law 
and Justice, the hearing was delayed after Justice Iqbal Hameed-ur-Rehman was 
recused from the case because he was the chief justice on the Islamabad High 
Court when that court upheld the conviction of the Muslim bodyguard who 
assassinated Punjab Gov. Salmaan Taseer in 2011. Gov Taseer had spoken out in 
defense of Bibi and against the nation's blasphemy laws.

Since Pakistan instituted blasphemy laws in the 1980s, the laws have been used 
by Muslims to settle personal scores and target Christians and other religious 
minorities. Bibi is not the only Christian to have been victimized by the 
blasphemy laws.

Last October, it was reported that a 9-year-old Christian boy was accused of 
burning the Quran. The boy and his mother were later arrested and claimed they 
were beaten and tortured by police.

"Such atrocities have become routine. The plight of Bibi has had a dampening 
effect on minorities. Their grief cannot be addressed because of religious 
retrogressive and extremist groups. Islamists consider her freedom a defeat for 
their movement," Christian lawyer Naeem Shakir told ucanews.com.

Pakistan currently ranks as the 4th worst country in the world when it comes to 
the persecution of Christians, according to Open Doors USA's 2017 World Watch 
List.

(source: christianpost.com)






PHILIPPINES:

Purge of 'anti-death' solons to continue


The leadership of the House of Representatives will continue the revamp of its 
members who voted against the death penalty bill last March, Speaker Pantaleon 
Alvarez said on Tuesday.

"The revamp will proceed," Alvarez said when asked if his leadership will still 
declare vacant the positions of other majority allies who failed to support the 
administration measure.

The Speaker implemented the overhaul immediately after the House voted on House 
Bill 4727, the proposal seeking to reimpose the death penalty on drug-related 
cases. The ruling coalition declared seats vacant for specific positions and 
committee chairmanships.

Pampanga Rep. Gloria Macapagal Arroyo, the former president, and other 
anti-death penalty lawmakers was removed from their posts. Arroyo was House 
deputy speaker for Central Luzon.

But Alvarez said his leadership would respect the constitutional provision 
where a party has the right to nominate a representative to the Commission on 
Appointments, after Occidental Mindoro Rep. Josephine Sato - a member of the 
12-man House contingent to the powerful CA - of the Liberal Party voted against 
death penalty.

Meanwhile, the death penalty bill is not likely to be enacted during the first 
regular session of the 17th Congress that will end in June.

This came after Ilocos Norte Rep. Rodolfo Farinas, the House Majority Floor 
Leader, identified 14 measures to be approved by both the Senate and the House 
of Representatives before its sine die adjournment next month.

"These bills will be approved by both chambers until May 31. This is a joint 
agreement between the House and the Senate," Farinas told reporters.

The death penalty bill that was approved by the House of Representatives last 
March was not included in the list.

While the House managed to approved the death penalty bill, contained in House 
Bill 4727 and principally authored by Speaker Alvarez, the Senate was cold to 
the proposal and did not include the bill in its priority agenda.

Besides Rep. Arroyo, removed from their positions last March were Sorsogon Rep. 
Evelina Escudero, chairman of the House committee on basic education; Batangas 
Rep. Vilma Santos Recto, chairman of the House committee on civil service and 
professional regulation; Dinagat Islands Rep. Kaka Bag-Ao, chairman of the 
House committee on people participation; Gabriela party-list Rep. Emmi de 
Jesus, chairman of the House committee on poverty alleviation; ACT party-list 
Rep. Antonio Tinio, chairman of the House committee on public information; Anak 
Mindanao party-list Rep. Sitti Hataman, on Muslim Affairs; Buhay Hayaang 
Yumabong party-list Rep. Mariano Michael Velarde, on overseas workers affairs.

Bayan Muna party-list Rep. Carlos Zarate, on natural resources; Batanes Rep. 
Henedina Abad, on government reorganization; Democratic Independent Workers' 
Association party-list Rep. Emmeline Aglipay-Villar, on women and gender 
equality; and Quezon City Rep. Christopher Belmonte, on special committee on 
land use.

Congress resumed its session yesterday and will adjourn sine die on June 2.

(source: thestandard.com.ph)






INDIA:

Death penalty demanded


Strongly condemning the gang rape of 2 minor girls by seven youths on April 14 
night and demanding death penalty for the 7 rapists, a large number of school 
students took out a rally at Heirok, Thoubal district today.

The rally was organised by Social Youth Progressive Organisation and Youth 
Forum for Protection of Human Rights.

The student protestors held placards,"Punish the rapists", "Justice delayed is 
justice denied", "Stop ill-treating women", "Respect women" etc in the rally 
which started from Heirok Part II welcome shed and passed through Heirok Part I 
and III .

(source: The Sangai Express)

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

Supreme Court upholds death penalty for 55-year-old who raped, killed 
4-year-old


The Supreme Court on Wednesday dismissed a review petition of a 55-year-old man 
and sent him to gallows for raping and stoning to death a 4-year-old girl in 
2008.

A bench headed by Justice Dipak Misra said "no case is made out" and dismissed 
the review petition.

The bench, which also comprised Justices RF Nariman and UU Lalit, said "the 
aggravating circumstances and the barbaric manner in which the 4-year-old was 
killed, clearly outweigh the mitigating circumstances."

The convict is currently lodged in Nagpur jail.

The court had on November 26, 2014 upheld the trial court as well as Bombay 
High Court judgements awarding death sentence to Maharashtra resident Vasanta 
Sampat Dupare in the 2008 rape-cum-murder case of Nagpur.

The apex court had on July 14 last year agreed to examine the plea of Dupare, 
who had claimed he was not accorded a fair chance to put forth his arguments by 
the trial court which sentenced him to death.

While upholding death penalty awarded to the convict, the top court had said 
that the rape of a minor girl child is nothing but "a monstrous burial of her 
dignity in darkness."

The court had referred to the sequence of events in the case and said that the 
convict, who was a neighbour, lured the girl, raped her and then battered her 
to death using 2 heavy stones.

(source: Hindustan Times)






ENGLAND:

Monmouth woman completes 178-mile challenge to help those on death row


A Monmouth woman has completed a 178-mile cycle ride to assist individuals 
facing the death penalty in the United States.

Lucie Boase, 27, who grew up in Monmouth and now works in Bristol as a 
paralegal, set off on 2nd May to New Orleans, Louisiana, to take up a 3-month 
voluntary position providing legal assistance for prisoners who could otherwise 
not afford it.

The trip comes after she completed Hadrian's Cycleway, a National Cycle Network 
route which follows the course of Hadrian's Wall from Ravenglass on the west 
coast to South Shields on the east coast in just 4 days, averaging 45 miles a 
day. She has so far raised nearly 900 pounds of her 1,000 pounds target.

"I've always loved cycling but I've never done anything as arduous as this 
before - at the moment I just do my daily four-mile commute", says Lucie.

"I wanted to raise some awareness about what I was going out to New Orleans to 
do and thought that this represented a fitting challenge, both in terms of my 
own ability but also because of the symbolism of walls themselves, creating 
barriers and division.

"I'm excited by the prospect of using my skills as a lawyer to provide 
representation to individuals who face the death penalty in Louisiana - in a 
small way, helping to break down some of the walls which confine us."

Amicus, the UK-based charity which arranges work placements for law graduates 
in the United States, was founded in 1992 in memory of Andrew Lee Jones who was 
executed by the state of Louisiana, dubbed the 'world's prison capital'. An 
internship with the charity was an unequivocal choice for Lucie:

"I oppose the death penalty and believe it plays no part in a progressive 
society. It's been proven that it is disproportionately imposed on the most 
vulnerable in society, violating their right to due process and the concept of 
equal justice before the law.

"The significant problem in the US is that there is no minimum level of 
experience required to defend a capital trial, leading to inexperienced lawyers 
and poor representation.

"The quality of legal representation in a capital trial can therefore mean the 
difference between life and death.

"Amicus, a tiny organisation with limited funds, works not through campaigning 
but through active involvement in frontline work, sending legally-qualified 
interns like me to support lawyers working in the US."

Lucie will spend her time in New Orleans supporting public defenders: lawyers 
appointed by the state to represent people who are accused of criminal acts and 
can't afford a lawyer to represent them.

Although it is now illegal to impose the death penalty upon people who are 
under 18 at the time of their crime, courts still exercise a wide discretion in 
sentencing children to life-long prison sentences, denying them the option of 
ever being released or being rehabilitated back into society.

Lucie hopes to have a hands-on experience helping with all aspects, from 
gathering evidence and building an effective defence, to attending court and 
visiting prisoners.

"It's an extremely exciting - albeit daunting - opportunity and I can't wait to 
start," she adds. "Although the US has a very different legal system facing 
very different issues to those which we deal with here in the UK,

"I am confident that my experience with Amicus will prove instructive for my 
practice back home, and inform my ongoing work as a lawyer, ensuring access to 
justice for all."

Amicus internships are unpaid and Lucie must bear all of the costs of the trip 
herself.

To donate to help with Lucie's trip, or to follow her progress in New Orleans, 
visit her JustGiving page www.justgiving.com/crowdfunding/lucie-boase-amicus

(source: chepstowbeacon.co.uk)




KENYA:

Should all convicts of capital offences get death penalty?


The spectre of unconstitutionality surrounding the handling of capital 
offenders has widened to whether all convicts deserve the same penalty: death.

There are 5 crimes classified as capital offences in Penal Code: murder, 
treason, oathing for criminal activities by proscribed criminal outfits, 
robbery and attempted robbery with violence.

The law prescribes death as the only sentence for convicts of such offences.

And the debate on the controversial capital punishment and intrigues around it 
could open the floodgates of court suits, leading to a constitutional crisis if 
the majority support abolition of the penalty.

UNDESERVING CONVICTS?

Experts say sometimes, the mandatory death sentence serves extreme punishment 
to some undeserving convicts of the offences, and is therefore disproportionate 
and unconstitutional.

Views are that there should be variations in penalties meted out on convicts of 
capital offfences, depending on motivation for and degree of aggravation in 
committing such crimes.

Also in question is whether the law should consider the circumstances under 
which each offender commits the offences, and set a formula of determining 
varied proportionate penalties.

Justice Jessie Lesiit, the principal judge in the High Court's criminal 
division, says lack of distinction and clear definitions of the offences of 
robbery and robbery with violence have led to disproportionate sentencing of 
convicts.

Lesiit said the sections that define robbery, simple robbery and robbery with 
violence, and attempted robbery and attempted robbery with violence are 
ambiguous.

She said the limitations or the challenges the judicial officers face is not in 
the sentence to give but in lack of clarity and lack of differentiation between 
the manner in which the offence is committed and the kind of weapons used in 
the offences of robbery.

That failure to clarify, classify and distinguish between the actions, the 
weapons and what is done, even the execution of the offence, poses a problem, 
Lesiit said.

She said there are crimes that would be deserving of a serious punishment, even 
if it is death, because of the way in which they are executed and the kind of 
weapons used.

And there are others that are not deserving at all because of the way they were 
executed and the weapons the offenders carried.

"Those are the things we are saying, let us have a distinction in our law so we 
can say in this case, aggravation was lacking; they didn't do a good thing but 
they didn't come with a kind of force that would require a severe punishment. 
Each should be in category of their own," Lesiit said.

"But ours is the same river that carries all of them, which is a mistake. 
Because Kenyans said they want it [death sentence], let us have it for the most 
serious of offences, the most aggravated ones. The person who uses gun, knives 
and petrol bombs can get the death penalty."

CONSTITUTIONAL THRESHOLDS

A 3-judge bench chaired by Lesiit herself in September 2015 directed Parliament 
and the state law office to amend some sections of the penal code to meet 
constitutional thresholds.

12 death row convicts whose sentences were commuted to life were challenging 
many issues, including the mandatory death sentence - the fact that because the 
sentence is mandatory even if mitigation is given, it is of no use because the 
sentence is already pre-determined by the statute.

Lesiit said the bench found that there is no distinct clarity to differentiate 
between degrees of aggravation of the offence of robbery, the offence of 
robbery with violence and attempted robbery with violence with sufficient 
particularities.

She said the problem is not the sentence but that the laws have not 
differentiated the actions and the manner of executions of those offences, then 
they go on to provide all of them with 1 sentence.

There is no distinct clarity to differentiate between degrees of aggravation of 
the offence of robbery, the offence of robbery with violence and attempted 
robbery with violence with sufficient particularities.

"What we found is that the definition section 295 gives of robbery is 
inadequate and insufficient in its scope and also in application. The penalties 
sections that are provided do not set out the required details in precision 
that meet the constitutional threshold that requires certainty and clarity of 
the offence charged on the accused person to be able to defend themselves," 
Lesiit said.

"We said those sections are ambiguous and are conflicted to such an extent that 
they violate an accused person's right to a fair trial. Because under article 
27 of the constitution, it requires that accused persons who are a special 
category of persons facing criminal trial should be accorded equal treatment, 
protection and equal benefits under the law."

Justice Lesiit said they asked Parliament to look at those sections to come up 
with clarification and distinction in aggravation, "so that if you are 2 of you 
and it is ngeta [using hands to subdue someone], that offence should have a 
name."

"If they can distinguish that and state here where you used firearms or 
grenades or you have gone with knives, you have stabbed people and all those 
things, then that one is an aggravated form of robbery. If it is where they 
have shot everybody and the sentence is death, it will be proportionate to what 
they have done," Lesiit said.

She said the offence should lead to an imprisonment of not more than 10 years, 
with the court having discretion to determine exactly how many years they will 
give, depending on the execution of the offence.

Lesiit said if somebody committed the offence while armed with a gun and 
another person was armed with a stick, the two ought not be treated the same.

INTENTION THAT COUNTS

But Shatikha Chivusia, a Kenya National Commission on Human Rights 
commissioner, differs with Lesiit on pegging the penalties on the types of 
weapons and degree of aggravation used.

Chivusia argues that for there to be culpability, there must be an intention 
and then the action - the 2 things that go hand in hand in the ingredients of 
crime, irrespective of what kind of weapon is used.

"If this person left his house with a gun, the other left his house with a 
knife and another with a stick, all of these items are able to cause bodily 
harm, which means as the person is preparing to go and commit that crime, in 
their mind the rationale is: should there be interference or should the victim 
resist, then I am going to use what I have," Chivusia said.

"For the common chicken thieves, the aim is to steal and go away, but the 
moment you are armed, you have an intention to cause harm should your plans be 
interfered with."

She said said after a convict is sent to the hangman, there is a window for 
appeal, which means that the due process is followed, and having listened to 
both sides and evidence before the court, it is on that basis that capital 
punishment is pronounced.

Lesiit says in the case where a gun is involved and is fired, that offence is 
more aggravated.

She says a fired gun and a stick cannot be compared, and there should be 
degrees of aggravation recognised under the law.

"We just have a definition of what a robbery is. It tells you if your intention 
is to rob someone of something. For instance, if you are with another person 
and maybe you are armed with something, which they don't specify to distinguish 
levels of aggravation - they say now that is robbery with violence," she said.

"If you stole something from somebody and you were 2 of you, it doesn't matter 
whether you used any actual violence or not. If you are 2 of you and you have 
stolen something from someone, that is robbery with violence."

Lesiit added: "It cannot be that somebody who is not armed and is with another 
one and they steal something, that that is the same level of robbery as the one 
who comes armed with a gun and they are a huge number of people and they are 
firing all over the place."

Attorney General GIthu Muigai supported the repealing of some sections of the 
Penal Code to remove generalities that anchor inherent unfairness.

He said the law should be amended to distinguish between a person who is the 
principal perpetrator of the crime and the person who is a victim of 
circumstances by being at the same place at the same time with the person who 
commits the crime.

"Our law must catch up with the most recent thinking globally, about crime and 
punishment," Muigai said.

"Right now if you are with a person who intends to rob somebody but you don't 
know his intention, then he uses violence, you are also an accomplice and you 
will be charged with capital robbery."

(source: the-star.co.ke)






NIGERIA:

EU, Switzerland urge Nigeria to abolish death sentences


The European Union (EU) Heads of Mission in Nigeria and the Ambassador of 
Switzerland on Tuesday condemned death penalty sentences in Nigeria.

This was contained in a joint statement released by EU Heads of Mission to 
Nigeria Michel Arrion and Swiss Ambassador to Nigeria Eric Mayooraz in Abuja, 
the Nation's capital.

The statement called on State Governors as well as the Nigerian Government to 
comprehensively respond to the issue through a more transparent approach.

The envoys singled out the proposed executions in Lagos State, describing it as 
'cruel, degrading and inhuman punishment.'

As of 2017, Nigeria remains one of the only countries in the World where 
Capital punishment is legal.

The country has constantly faced backlash for failing to abolish the death 
penalty. In 2O16 alone Nigeria recorded over 527 death sentences.

Human Rights group, Amnesty International says the country handed down more 
death sentences that year than any other country except China.

In Nigeria, the Edo State Government executed 3 people in 2016, the 1st 
executions since 2013.

According to information provided by Nigeria's prisons service, a total of 
1,979 people are currently under death sentence.

The Statement by the EU said that death penalty fails to provide deterrence to 
criminal behaviour and represents an unacceptable denial of human dignity and 
integrity.

?It maintains that death penalty is as barbaric as it is outlandish, adding 
that globally 104 countries have abolished death penalty for all crimes.

According to the Statement, Nigeria and Gambia are countries in ECOWAS still 
executing their citizens.

The statement also pledged the support of the EU and Switzerland in 
strengthening the Nigerian judicial system and improving the rights and safety 
of citizens.

"The EU and Switzerland are committed to contribute to the strengthening of the 
Nigerian judicial system and the promotion of rule of law and justice for 
Nigerian Citizens.

"We look forward to further supporting Nigerian authorities in adopting 
appropriate legislation to improve the rights and safety of its citizens, in 
accordance with our positions on death penalty," the statement read.

(source: tv360nigeria.com)






PALESTINE:

Death penalty of honour-killing uncles commuted


2 Palestinian brothers have been given a reprieve after being sentenced to 
death for murdering their niece in a so-called 'honour killing' by forcing her 
to swallow poison while pointing a gun to her head.

The Palestinian Criminal Court has commuted the death sentence with 
imprisonment of 10 and 7 years after the victim's parents gave up their rights 
in the case.

The 20-year-old victim - identified only as T.S. - fled home when her family 
discovered she had agreed to marry a man she had fallen in love with. She 
sought refuge at the house of a community leader in Nablus, who vowed to 
protect her.

The court heard that the victim's father and his brothers visited the community 
leader and asked him to hand over the woman. He initially refused but relented 
after the father and his brothers promised that no harm would come to her.

The father handed over his daughter to his brothers, who accompanied her to 
another house in Nablus, where they prepared a cup of juice for her. On the 1st 
sip, the woman became suspicious but one of her uncles pointed a gun to her 
head and threatened to shoot her unless she drank all the juice.

A senior court official told Gulf News that according to the confession of the 
2 uncles, their niece took 2 hours to die after swallowing a large amount of 
the juice. The uncles told police that the woman had committed suicide after 
her father forbade her from marrying her sweetheart - a story backed up by the 
father and mother.

However, after an extensive investigation by the police and public prosecution, 
the uncles were arrested and confronted with the evidence. They confessed, 
saying they killed their niece for insisting on marrying the man she loved.

The Palestinian Criminal Court had sentenced the 2 murderers to death but 
reprieved them on Monday because of the decision of the victim's parents to 
give up their rights in the case.

(source: Gulf News)