[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

May 21



INDONESIA:

How new antiterrorism law will change Indonesia's war on terror



Indonesia will soon have a new antiterrorism law to replace the current law, 
which is widely seen as weak, with deliberations on the antiterrorism bill 
expected to conclude this May or June.

Speaking to The Jakarta Post in an interview on Thursday, Enny Nurbaningsih, 
head of President Joko "Jokowi" Widodo administration's team to deliberate the 
antiterrorism bill, ensured the new legislation could provide security for 
Indonesians against deadly terror attacks such as those that had occurred 
recently in numerous places across Indonesia's most populated island of Java.

Calls for the government and the House of Representatives to conclude the 
long-due deliberation on the bill have mounted after the attacks, which were 
allegedly conducted by an Islamic State (IS)-linked local jihadist organization 
known as Jamaah Ansharud Daulah (JAD).

Enny, who is also head of the Law and Human Rights Ministry's National Law 
Development Agency (BPHN), said the government expected deliberations to be 
concluded at a hearing with the parliament scheduled for May 23, saying that 
nearly "99 %" of the bill's content had been finalized, and only the debate 
over the definition of terrorism as a crime remained to be concluded.

Below are some crucial points in the antiterrorism bill, which was initiated 
after the Jan. 14, 2016 bombings on Jl. MH Thamrin, one of Jakarta's busiest 
thoroughfares.

What is terrorism?

One of the main reasons the deliberations have been dragging on for months is 
that the government and the House have failed to reach an agreement on what 
constitutes terrorism.

While the government insists that terrorism is "any deed that uses violence or 
threats of violence on a massive scale, and/or causes damage to strategic vital 
objects, the environment, public facilities or international facilities", the 
House demands that terrorism as a crime includes "any deed that is based on 
political and ideological motives and/or threats to state security."

Lawmakers have said a detailed and rigid definition of terrorism as a crime 
would ensure that investigators crack down on terrorist activities, while the 
government believes it would only hamper terrorism prevention and mitigation 
processes, as it would obligate investigators to determine whether suspects had 
either political or ideological motives before naming them as terrorists.

Enny said the government would accommodate the parliament's request by 
inserting the latter's version in the general explanation part of the bill, not 
in the verse section of it.

The government expects to convey that proposal to the parliament at the 
scheduled May 23 hearing, so that the bill can be further deliberated before 
being proposed for the next plenary meeting.

Terrorism prevention measures

Law enforcers will have greater powers. The new terrorism law will include 
numerous provisions on terrorism prevention measures -- something that is not 
dealt with comprehensively in the prevailing terror law, Enny said.

"For instance, we can do nothing to people who plan terror attacks if we use 
the prevailing law," said Enny. Under the bill, plotting terror attacks is a 
crime.

The bill stipulates that a person accused of terrorism could be held in custody 
from 7 to 14 days without charges. Law enforcers could hold them for up to 200 
days after officially charging them with terrorism.

Rights activists have voiced concerns over the policy, but Enny ensured that 
the policy would be carried out in accordance with human rights principles.

If there is a law enforcement officer found guilty of violating human rights 
principles during the terrorism investigation process, they will be charged 
with a criminal offense, said Enny.

People who import explosives or components such as chemical, biological, 
radiological, nuclear or radioactive weapons for terrorism purposes into the 
country, or make, receive or possess them, can be charged under Article 10a of 
the bill, which carries a maximum sentence of 20 years' imprisonment.

The bill also charges people who mastermind terror attacks, partake in 
paramilitary training with the purpose of launching terror attacks or join 
overseas wars related to terror attacks, with maximum terms ranging from 12 
years, 15 years, 20 years to life sentence and the death penalty.

That means the police will later be able to charge Indonesians returning from 
war-torn countries where they are proven to have joined a terrorist group such 
as IS.

Terrorism prevention measures also include what the bill describes as 
"counter-radicalization" and "deradicalization" activities.

Counter-radicalization activities are intended for people or groups that have 
been exposed to radical teachings that could potentially lead them to 
committing terror attacks. Deradicalization activities are intended for 
terrorist suspects, defendants, convicts, inmates or former inmates and aim to 
reintegrate these people into society.

The bill says counter-radicalization and deradicalization activities will be 
detailed in other supporting regulations.

The roles of the Indonesian Military (TNI)

The decades-long rivalry between the 2 institutions to handle and manage state 
security has been apparent during the deliberation of the terrorism bill. 
Activists have also warned about possible abuse of power carried out by the 2 
authorities in handling terrorism.

Enny ensured that, while the bill finally included a provision on the role of 
the TNI in countering terrorism, the military would not be involved in law 
enforcement.

"To prevent the military from entering the domain of law enforcement, we have 
decided that the President will regulate the TNI's involvement through a 
government regulation."

The regulation will refer to the 2004 TNI Law, which stipulates that the TNI's 
involvement in civilian affairs depends on the political decision of the state, 
which should be consulted with the House.

Compensation and protection for victims

Victims of terror attacks have long sought comprehensive provisions about their 
rights as victims.

Yayasan Penyintas Indonesia, an organization that supports terror victims, 
detailed in 2016 that over 1,900 victims of terror attacks suffered from 
physical and mental trauma from a number of bomb attacks that had occurred 
since the start of the millennium.

House terrorism bill committee chairman Muhammad Syafi'i said last year that 
"the well-being of victims has been one of our biggest concerns since the 
beginning of the deliberation."

The terrorism bill has one special chapter dedicated to detailing protection 
for victims of terror attacks. The bill acknowledges two kinds of victims: 
direct victims, for example victims who are killed or injured in attacks, and 
indirect victims, for example wives who lose their husbands as a result of a 
terror attack.

The bill says terror victims are the "responsibility of the state", a 
responsibility which is fulfilled by providing medical assistance, psychosocial 
and psychological rehabilitation, as well as financial compensation for the 
families of the deceased.

(source: Jakarta Post)

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

Death Penalty for Terrorist is Firm Message from Indonesian Govt



The death penalty given to convict of terrorism case Aman Abdurahman is 
considered to be a form of a firm message from the Government of Indonesia in 
eradicating terrorism.

"The death sentence in my opinion can only be interpreted as a firm message of 
the government in eradicating terrorism in front of them, the supporters of 
ISIS," said Director of The Islah Center and observer of terrorism Mujahidin 
Nur in Jakarta, Monday (5/21/2018).

That, he said, also minimizes the risk of spreading the teachings compared to 
if the convict is still free to spread his teachings.

Last week, the South Jakarta District Court dropped a capital punishment to 
convicted terrorist Aman Abdurahman.

Mujahidin said that the terrorist group (ISIS) is a group that moves on 
ideological basis, not on individual leader or leadership, for example Aman 
Abdurahman.

"The ideology-based group characteristics like ISIS is resilient, not easily 
discouraged and cannot be attenuated so even if the leaders are sentenced to 
death as given by the government through the South Jakarta District Court to 
Aman Abdurahman," he said.

Because, he said, ideology as the foundation of their movement (teaching of 
takfiri, Muslim accusing another Muslim of apostasy) spread by Aman Abdurahman 
has been massively distributed throughout the network or group.

"Although Indonesian ISIS is lack a leader who has field and scientific skills 
like Aman Abdurahman, but the death penalty to Aman Abdurahman does not 
necessarily have a significant impact on the weakening of terrorism networks in 
Indonesia," he said.

Even so it has a positive impact in the short term because the supporters of 
ISIS in Indonesia lost a figure that has the knowledge and leadership like Aman 
Abdurahman.

"I analogize in the Al-Qaeda group, for example, the killing of Osama bin Laden 
has had no significant effect on the halting of global terrorism masterminded 
by the Al-Qaeda group because Al-Qaeda's ideology has spread to various parts 
of the world," he said.

He asserted the death sentence to the leader of the terrorist group will 
effectively stop terrorism seen from 2 variables namely first, if the terrorist 
leader has a strong influence or charisma among his followers.

Secondly, of course this applies to terrorist groups who have few members and 
actually make the leaders as foundation of their movement so this death 
sentence will be effective.

"ISIS is a terrorist organization that has many followers," he added, as quoted 
from Antara.

(source: netralnews.com)

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

Komnas HAM: Death Sentence to Aman Abdurrahman Detrimental



The National Human Rights Commission (Komnas HAM) is disappointed with the 
death sentence charged to the terrorist convict Aman Abdurrahman. The 
Commission considers the death sentence is detrimental to the handling of 
terrorism case.

"The death to the terrorists is a hope," said Komnas HAM member Choirul Anam in 
Menteng, Jakarta, on Saturday, May 19.

Anam agreed that the act allegedly done by Aman is barbaric. However, executing 
a terrorist is detrimental to counter terrorism.

He considers the death sentence will not cause a deterrent effect for other 
terrorists. Because death is indeed the ultimate goal of the terrorists.

"We see Amrozi (Bali bomber) after being sentenced to death actually considered 
as a hero by his group," he said.

Anam said the imprisonment accompanied by de-radicalization efforts is far more 
effective in dealing with terrorism cases. It will certainly help police to 
dismantle their networks.

"The backbone against terrorism is to dismantle its network," he said.

(source: tempo.co)








PAKISTAN:

Executions in Pakistan



An international report published by Amnesty International named, "Death 
Sentences and Executions 2017" mentioned that in the duration of 4 years the 
death penalty was revived in Pakistan and an estimated 500 prisoners have been 
executed while more than 7,000 inmates languish on death row.

In 2017 Pakistan has reached his highest level of execution in its history, 
approximately,60 executions occurred in 2017 and the report lists Pakistan as 
one of the 5 topmost global executioners in the world.

Death penalty has been raised and with the rise in capital punishment and in 
the past a horrifying case happened when the Supreme Court of Pakistan 
acquitted 2 brothers on death row of murder only to find out that they had 
already been hanged a year earlier.

The government should implement such laws where no one is hanged to death and 
justice is retained in the country.

(source: nation.com.pk)








BANGLADESH:

Man loses 6yrs amid confusion----Still in prison despite HC acquittal; 
procedural lapse created as SC order yet to reach jail



6 years ago, the Supreme Court issued an order creating the scope for his 
release from jail. But Azaher Ali Raza could not walk free.

The man, now 40, has been languishing in the condemned cell of Dinajpur 
District Jail since he was convicted in a murder case and sentenced to death in 
2005.

The apex court order did not reach the jail authorities all these years for 
some unknown reason, causing a procedural lapse and confusion about his 
release.

After a primary hearing on a criminal miscellaneous petition filed by the 
attorney general's office, the SC stayed a High Court verdict that acquitted 
Azaher in 2010.

After the final hearing, the apex court issued an order in 2012 asking the 
government to file a leave-to-appeal petition against the acquittal in 2 weeks.

The apex court said the criminal miscellaneous petition (or stay petition) will 
be automatically dismissed if the leave petition is not filed in 2 weeks, 
implying that Azaher will have the right to be freed.

"2 weeks' time is granted to file the regular leave petition, failing which the 
criminal miscellaneous petition shall stand dismissed," said a seven-member 
bench of the SC headed by the then chief justice Md Muzammel Hossain on October 
1, 2012.

The government failed to file the petition in 2 weeks, meaning the criminal 
miscellaneous petition got automatically dismissed and the HC judgment stood 
upheld.

But the SC order of 2012 did not reach the Dinajpur jail over the years and 
Azaher remained in the condemned cell.

The matter came to light after the Dinajpur jail authorities recently 
communicated it to the Supreme Court Legal Aid Committee (SCLAC).

The SCLAC looked into it and requested the SC authorities to send the SC order 
to Dinajpur jail so that Azaher, an inhabitant of Joydevpur village in Dinajpur 
Sadar upazila, is released.

The SC authorities yesterday sent a certified copy of the 2012 order to the 
jail authorities, clearing the way for Azaher's release.

"Really!" was the reaction of his mother Mansura Begum when our Dinajpur 
correspondent met her at her house yesterday afternoon.

"It is you who first gave me this news. I'm so happy that my son will be free," 
said Mansura Begum, in her mid 60s.

Contacted, Md Sayeed Hossain, superintendent of Dinajpur District Jail, said he 
will take necessary steps for Azaher's release immediately after receiving the 
SC order.

"I have heard that the office concerned of the Supreme Court has reissued a 
certified copy of the apex court order today [yesterday] and sent it by post.

"The order might reach my office tomorrow [today] or the day after. When my 
office receives the Supreme Court order, I will release Azaher from jail upon 
completing relevant procedures."

THE CASE

The jail super could not give details of the murder case and only said Azaher 
was sentenced to death by a Dinajpur court on July 24, 2005 and acquitted by 
the High Court in 2010.

According to the convict's family members, he was arrested nearly 2 months 
after the murder of his father-in-law Abdul Zabbar in 1997.

3rd among the 7 siblings, he used to run a small turmeric shop at Kishanbazar 
village in Dinajpur Sadar upazila.

His daughter was only 11-month-old when he was arrested.

His wife left him. But their daughter, Ajmira, was brought up by her 
grandmother. She was married off only 2 years ago and is now a mother of a 
child.

Azaher's father died in 2000.

"I met my son whenever I could manage to save some money from the old-age 
allowance. The last time I met him was on December 16 last year at Dinajpur 
jail," said Mansura Begum.

Jail Super Sayeed Hossain said the then second additional sessions judge of 
Dinajpur sentenced Azaher to death in the murder case.

Following the appeal filed by the defence, the High Court scrapped the verdict 
and acquitted him.

The memo of the HC order reached the office of second additional sessions judge 
of Dinajpur on July 20, 2010.

The Dinajpur jail authorities received the memo the same day from the Dinajpur 
court office and later communicated with the offices of attorney general and SC 
registrar about the HC order.

The SC stayed the HC verdict in 2010 after the attorney general's office filed 
the criminal miscellaneous petition.

The Dinajpur jail authorities had become confused in 2011 as to whether Azaher 
will be released or not because the anomaly in the date of leave to appeal 
filed by the government, according to jail documents.

'TREATED AS DISMISSED'

Yesterday, the SC registrar general's office issued an order saying, "As per 
the said [2012 SC] order, no steps had been taken on behalf of the petitioner 
[the government] within the stipulated period. Since the petitioner failed to 
take redress, so, the instant criminal miscellaneous petition is treated as 
dismissed."

Md Abu Taher Bhuiyan, assistant registrar of the SC, who certified yesterday's 
order, told The Daily Star that he did not know why the 2012 order was not sent 
to the Dinajpur court and jail authorities.

He joined the office in 2015 and is not aware of the 2012 order following which 
the HC verdict on Azaher stood upheld.

Requesting anonymity, an SCLAC high official told this newspaper that this is a 
very rare incident that an acquitted person could not walk out of jail because 
the copy of an SC order was not sent to the jail.

He said the implication of 2012 order was that Azaher was acquitted, and it 
should be investigated to find out who is responsible for his languishing in 
jail over the last 6 years.

The official said the SCLAC has pursued the matter after the Dinajpur jail 
super informed them about it at a meeting on May 12.

Azaher's overstay in prison could have been avoided had the SC office concerned 
properly communicated with the jail authorities or the lower court and made 
things clear, he added.

The SCLAC official also said the family members of Azaher had not taken any 
initiative to inform the implication of the 2012 SC order to the jail 
authorities, as they are very poor and not so conscious.

The Dinajpur jail authorities wrote to SCLAC on March 14 this year and the SC 
registrar's office on April 25 about the case.

In the last 6 years, the jail authorities sent at least 5 letters to the 
offices of attorney general, SC registrar and SCLAC to know the outcome of the 
leave to appeal and current status of the case.

'A PUNISHABLE OFFENCE'

Contacted, Supreme Court Registrar General Md Zakir Hossain told The Daily Star 
that he did not know why the SC order did not reach the Dinajpur jail 
authorities.

"I don't communicate the Supreme Court orders [to relevant authorities], as it 
is the responsibility of some deputy registrars and assistant registrars."

The registrar general said he will look into matter and find out whether any 
official or staff of the SC had any negligence in this regard.

Contacted, Attorney General Mahbubey expressed surprise saying the persons who 
were responsible for not communicating the SC order to the jail should be 
punished through conducting a probe.

Not communicating the court order to offices concerned is a punishable offence, 
he noted.

(source: The Daily Star)








INDIA:

Movie against capital punishment to be screened in Guwahati----Screening of 
Polish filmmaker Krzysztof Kielowski's 'A Short Film About Killing' at Guwhati 
Press Club for its member journalists



'A Short Film About Killing', an extraordinary film on capital punishment by 
internationally acclaimed Polish filmmaker Krzysztof Kielowski, will be 
screened at Guwahati Press Club on Friday next at 3 pm.

The screening is for its member-journalists.

Carrying a strong message against capital punishment practiced by different 
countries, including India, the feature film was released in 1988.

The movie stars starring Miroslaw Baka, Krzysztof Globisz, and Jan Tesarz.

It has cinematography by Slawomir Idziak and music by Zbigniew Preisner.

It may be noted that no European director of recent years was admired as 
Kielowski.

Of course, he had to wait many years for recognition outside Poland.

The hour-long movie was originally made for Polish television.

Written by Krzysztof Kielowski and Krzysztof Piesiewicz, the film was expanded 
from Dekalog: 5 of the Polish television series Dekalog.

Based on an emotional story, the film was instrumental in abolishing of death 
penalties in Poland long back.

Set in Warsaw, Poland, the film compares the senseless, violent murder of an 
individual to the cold, calculated execution by the State.

A Short Film About Killing won both the Jury Prize and the FIPRESCI Prize at 
the 1988 Cannes Film Festival,[2] as well as the European Film Award for Best 
Film.

The film shows a very bleak Poland near the end of the Communist era.

This is greatly enhanced by the strong use of colour filters.

The print appears to have an effect similar to sepia tone or bleach bypass - 
although it is a colour picture, the photography combined with grey locations 
provides an effect similar to monochrome.

(source: nenow.com)








VIETNAM:

Vietnamese forester arrested for transporting heroin



A forester from Vietnam's northern Son La province has been arrested when 
transporting 22 cakes of heroin from Son La to a drug kingpin in northern Lang 
Son province, local media reported on Monday.

Pham Xuan Lan, a 37-year-old forester of the Son La Forest Ranger Department, 
was detained in Lang Son last week when he was driving a truck with heroin on 
it, online newspaper VnExpress reported. Lan confessed that he transported the 
drug to Trieu Ky Voong from Lang Son for a wage of 2.8 billion Vietnamese dong 
(over 123,000 U.S. dollars).

Voong, 49, was also detained last week. Voong is the leader of a ring that 
smuggles drugs from Laos to Vietnam, and he owns many hotels, restaurants and 
properties in the border province of Lang Son.

According to Vietnamese law, those convicted of smuggling over 600 grams of 
heroin or more than 2.5 kilograms of methamphetamine are punishable by death. 
Making or trading 100 grams of heroin or 300 grams of other illegal drugs also 
faces death penalty.

(source: xinhuanet.com)








KENYA:

Review law to hand looters death penalty, suggests Tetu MP



Tetu MP James Gichuhi has called for a review of the law to introduce death 
sentence and stiff penalties for those found guilty of misuse of public funds.

Mr Gichuhi said the only way to eliminate corruption is for those culpable to 
be put behind bars.

"We want the DPP to do thorough investigation that will be adduced in the court 
to ensure someone is held responsible for the loot," he said.

Poorly-done investigations, he said, have led to acquittal of looters of public 
funds.

"Comprehensive investigations must be done and the DPP must go after the big 
fish," he added.

He was speaking at St Lawrence Ithenguri Catholic Church in Tetu where he 
attend Mass on Sunday.

Mr Gichuhi was referring to the graft scandal that has gripped the National 
Youth Service leading to the suspension of staff and stepping aside of senior 
managers.

The MP lauded the stepping aside of Public Service PS Lillian Mbogo-Omollo and 
NYS Director-General Richard Ndubai to allow investigators conclude probe into 
the alleged loss of Sh9 billion at the institution.

(source: nation.co.ke)