[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

September 5



MALAYSIA:

2 African men sent to gallows for drug trafficking



2 Africans have been sentenced to death for trafficking 2,083g of 
methamphetamine.

In passing judgment, High Court Judicial Commissioner Muhammad Jamil Hussin 
said the prosecution had proven its case against Nigerian Chikanso Ansalem 
Okoli, 29, and Ghanaian Desmond Owusu, 25, beyond a reasonable doubt.

The duo had committed the offence at 11.05am at a car park in Nilai Square on 
March 15, 2016.

Okoli was then working at a restaurant in Nilai, while Owusu was a student at a 
private college in Perak.

They were charged under Section 39B (1) (a) of the Dangerous Drugs Act 1952 
which is punishable under Section 39B (2) of the same Act, read together with 
Section 34 of the Penal Code.

Those convicted of the offence face the mandatory death penalty.

Both the accused were represented by Datuk Haniff Hassan and Abdul Aziz Hamzah, 
while Hazeelia Muhammad prosecuted.

(source: thestar.com.my)








JORDAN:

Death penalty for man who killed autistic son, set body ablaze



The Court of Cassation has upheld a March Criminal Court ruling sentencing a 
man to death after convicting him of murdering his son who suffered from autism 
in Amman.

The court declared the defendant guilty of murdering his eight-year-old son 
then setting his body ablaze in Amman on March 8, 2015, and handed him the 
capital punishment.

Court papers said that the defendant was separated from his 1st wife and had 
not seen his son, the victim, and daughter for over 2 years.

One day before the murder, the defendant's brother-in-law called him and asked 
him to "divorce his sister and to take his children because his sister was no 
longer capable of supporting them", court documents said, adding "The defendant 
agreed and took the children to his house but realised that the victim could 
not talk and needed a lot of attention because of his medical situation so he 
decided to kill him to get rid of the responsibility."

The following day, the court maintained, the defendant bought kerosene and took 
his son to "a deserted building in Amman where he pushed him from the 
4th-storey". "The defendant then went down, made sure that his son was dead, 
poured kerosene on his body and set it ablaze to conceal the murder," according 
to court transcripts.

The defendant contested the Criminal Court's ruling charging that there were 
inconsistencies with the witnesses' testimonies during the trial.

However, the higher court ruled that the Criminal Court followed the proper 
procedures when sentencing the defendant and he deserved the verdict he 
received.

The Court of Cassation judges were Mohammad Ibrahim, Naji Zubi, Yassin 
Abdullat, Bassim Mubeidin and Hamad Ghzawi.

(source: Jordan Times)








IRAN----executions

Balochistan: Iranian authorities executed 3 Baloch prisoners



The Iranian authorities have executed Baloch political prisoners at the dawn of 
Monday morning (3rd September) at Zahedan prison.

According to the Baloch Activists Campaign, 3 political prisoners detained in 
Zahedan prison were transferred to solitary confinement on Saturday morning, 
September 1st, 2018 and executed on Monday 3rd September.

The Iranian authorities informed the prisoners of their death sentence and 
execution only 1 day after a recent clash between the armed opposition groups 
in Balochistan and Iranian security forces.

The revenge executions of political prisoners in Balochistan are not new, in 
2013 at least a 16 Baloch prisoners were executed. According to Mohammad 
Marzieh, the Attorney General Zahedan at that time said, 'these people were 
executed in response to an attack on Iranian border forces near Saravan.'

The identity of the Baloch prisoners executed on Monday has been confirmed as 
Dur Mohammad Shahbakhsh, 21, from Zahedan, Ismail Shahbakhsh, 23 and Hayatullah 
Noteizahi also known as Akbar 24-years-old.

The detainees were arrested July 7, 2015, on charges spreading mischief in the 
country, cooperating with the opposition groups and participation in an armed 
conflict against the law enforcement force and murder of an official of border 
security forces. However, all 3 of them denied the murder and other charges 
against them.

It should be noted that at the time of arrest Ismail Shahbakhsh and Hayatullah 
Noteiyazhei were shot and wounded.

It is worth mentioning that these people had previously referred to the inhuman 
treatment of interrogators by writing an open letter to detail the torture 
techniques during detention.

In that letter, it was pointed out to the defendants were beaten and subjected 
to various forms of torture including sprinkling salt and pepper on their 
wounds and pinching their private parts to coerce them into false confession.

Sources informed Balochwara news that the Iranian authorities have not handed 
over the dead bodies of the victims to their relatives. The relatives have been 
asked to pay for the ropes that authorities have used to execution [hanging] of 
the 3 men.

(source: Balochwarna News)








PAKISTAN:

5 get death in Chitral triple murder case



A local court on Tuesday awarded death penalty to 5 people in a triple murder 
case.

Additional district and sessions judge Mohammad Khan however exonerated 5 
accused of the charge for lack of evidence.

Zafar Hayat, lawyer for the family of the deceased, told Dawn that Maqsoodul 
Mulk, his son Jahanzebul Mulk and Iqbalul Mulk helped by hit men Mian Gul Jan 
and Qayyum Khan of Damil area had killed relative Noorul Mulk, Samiul Mulk and 
Muazazul Mulk in Osiak Drosh area on May 4, 2014, over a land dispute.

He said the court had convicted the accused of the murder charge and ordered 
their hanging until death besides imposing Rs1 million fine on each of them.

Court also imposes Rs1m fine on each of them

The lawyer said the amount of fine would be distributed to the heirs of the 
deceased.

He said the accused had confessed to the crime in the court, while the evidence 
produced by the prosecution also confirmed it.

Mr Hayat said convict Mian Gul Jan had fled to Afghanistan along with his sons 
after the murder and was caught by the police on return in 2015.

He said the accused including Syed Imtiaz Jan, Baberul Mulk, Israel Khan, 
Ramdad Khan and Gul Mohammad were also booked in the case but the court 
exonerated them of the charge for lack of evidence.

The lawyer said the case was the 1st of its kind in Chitral as 3 persons of a 
family were killed by own family members.

He said the court rejected the main convict's claim that the deceased had fired 
gunshots at him and he had only retaliated for self defence.

The police arrested the main accused in the courtroom. He was also awarded 
5-year rigorous imprisonment for keeping illegal weapons.

(source: dawn.com)

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

Plea seeks details of condemned Pakistani inmates in Iran----LHC directs 
interior, foreign and overseas Pakistanis ministries to submit replies until 
September 11

Justice Shahid Waheed of the Lahore High Court (LHC) on Tuesday sought replies 
from the Ministry of Foreign Affairs, Interior Ministry, Ministry of Overseas 
Pakistanis and Human Resource Development on a petition regarding death row 
Pakistani inmates in Iran.

While hearing the petition filed by the Justice Project Pakistan (JPP), the 
court directed the respondents to submit their replies until September 11.

Counsel for petitioner Sarah Belal sought details of Pakistanis imprisoned in 
Iran and the action taken by the government to get their death sentences 
reviewed under the recently amended Iranian drug laws.

She requested the court to direct the government to provide immediate and 
forceful representation to Pakistani death-row inmates in Iran and make efforts 
to attain stay orders on the death sentences and get them extradited to 
Pakistan.

The court was told that the Iranian top court had announced in January this 
year that those sentenced to death for drug crimes would have their sentences 
commuted only if they apply for the same. "Pakistanis sentenced to death in 
Iran under previous standards face imminent execution if applications for 
review are not filed on their behalf," she argued.

She said that the federal government was yet to submit a response to the 
petition, which was filed by JPP on May 14, 2018. She added that the new 
Iranian drug laws had entitled prisoners sentenced to death under previous 
standards to file reviews, however, the Ministry of Foreign Affairs and the 
Pakistan Embassy in Tehran was yet to take any step to facilitate Pakistani 
prisoners entitled to the relief.

The counsel for the petitioner contended that the Guardian Council of Islamic 
Republic of Iran had passed a bill last year that amended its drug-trafficking 
laws to curtail the application of the death penalty to drug offenders. After 
the amendment, she said, the threshold of holding, producing or distributing 
drugs - punishable by death sentence - was scaled up from 30 grams to 2 
kilogrammes for synthetic drugs and from 5 kilogrammes to 50 kilogrammes for 
natural substances.

She submitted that under the new amendment, a death sentence could be turned 
into an imprisonment of up to 30 years and a fine, but only after filing a 
review. She pointed out that the amendment was likely to commute sentences of 
around 5,300 prisoners currently on death row in Iran.

She said that a significant number of those convicted of drug crimes was 
believed to be Pakistani nationals, although the official numbers remained 
unknown.

(source: Daily Times)

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

16,022 arrested on charges of terrorism, 2525 convicted



The Law Enforcement Agencies (LEAs) have arrested 16,022 persons on charges of 
their involvement in terrorist activities in the country during last 5 years, 
of which 2525 were convicted and awarded punishment.

The year-wise data of persons arrested on charges of terrorism, issued by 
Interior Division, showed on Tuesday that in Punjab10,993 were nabbed during 
last 5 years, out of which 1,419 persons were arrested in 2013, 2,342 persons 
in 2014, 2,965 persons in 2015, 2,379 persons in 2016 and 1,888 persons were 
arrested during 2017.

In Sindh total 2,728 persons were nabbed during last 5 years, out of which 194 
persons were arrested in 2013, 262 persons in 2014, 891 persons in 2015, 761 
persons in 2016 and 620 persons were arrested during 2017.

Total 147 persons were nabbed during last 5 years in Balochistan, out of which 
17 persons were arrested in 2013, 40 persons in 2014, 29 persons in 2015, 42 
persons in 2016 and 19 persons were arrested during 2017. Similarly, the data 
showed that in Khyber Pakhtunkhwa (KPK) 1,967 persons were nabbed during last 5 
years, out of which 321 persons were arrested in 2013, 243 persons in 2014, 526 
persons in 2015, 453 persons in 2016 and 424 persons were arrested during 2017.

In Islamabad Capital Territory (ICT), 61 persons were nabbed during last 5 
years, out of which 20 persons were arrested in 2013, 20 persons in 2014, 06 
persons in 2015, 07 persons in 2016 and 08 persons were arrested during 2017.

Total 126 persons were nabbed during last 5 years in Gilgit Baltistan (GB), out 
of which 12 persons were arrested in 2013, 15 persons in 2014, 22 persons in 
2015, 44 persons in 2016 and 33 persons were arrested during 2017.

When contacted, the sources said, the reports about arrested persons on charges 
of their involvement in terrorist activities is still awaited from Federally 
Administered Tribal Areas (FATA) and Azad Jammu and Kashmir (AJK).

Moreover, the year-wise statistics about number of persons who have been 
convicted and awarded punishments showed that of the total 2,525 persons, 328 
of them were convicted and awarded punishment in 2013, 401 in 2014, 765 in 
2015, 496 in 2016 and 535 such persons in 2017.

The province-wise data showed that in Punjab 1970 persons were convicted and 
awarded punishment in last 5 years which included 252 in 2013, 351 in 2014, 609 
in 2015, 318 in 2016 and 440 persons in 2017.

In Sindh, 255 persons were convicted and awarded punishment in last 5 years 
which included 06 in 2013, 11 in 2014, 61 in 2015, 100 in 2016 and 77 persons 
in 2017.

In Balochistan, 54 persons were convicted and awarded punishment in last 5 
years which included 07 in 2013, 10 in 2014, 20 in 2015, 12 in 2016 and 05 
persons convicted in 2017.

In Khyber Pakhtunkhwa (KPK), 234 persons were convicted and awarded punishment 
in last 5 years which included 60 in 2013, 23 in 2014, 72 in 2015, 66 in 2016 
and 13 persons convicted in 2017.

In Islamabad Capital Territory (ICT), only 2 persons were convicted and awarded 
punishment in last 5 years which included one each in 2013 and 2014 while no 
person was convicted in last 3 years.

In Gilgit Baltistan (GB), 10 persons were convicted and awarded punishment in 
last 5 years which included 2 in 2013, 05 in 2014 and 03 in 2015 while no 
person was convicted in 2016 and 2017.

The report regarding convicted persons is still awaited from Federally 
Administered Tribal Areas (FATA) and Azad Jammu and Kashmir (AJK).

Moreover, the year-wise data showed that 376 persons were awarded death penalty 
in the country during last 5 years which included 53 persons in 2013, 81 
persons in 2014, 133 persons in 2015, 71 persons in 2016 and 38 persons were 
awarded death penalty in 2017.

The province-wise statistics showed that in Punjab 330 persons were awarded 
death penalty during last 5 years which included 47 persons in 2013, 79 persons 
in 2014, 124 persons in 2015, 46 persons in 2016 and 34 persons were awarded 
death penalty in 2017.

In Sindh, 19 persons were awarded death penalty during last 5 years which 
included nil in 2013, 02 persons in 2014, 01 persons in 2015, 15 persons in 
2016 and 01 person was awarded death penalty in 2017.

In Balochistan, 15 persons were awarded death penalty during last 5 years which 
included nil in 2013 and 2014, 02 persons in 2015, 10 persons in 2016 and 03 
persons were awarded death penalty in 2017.

The number of persons awarded death penalty during last 5 years in Khyber 
Pakhtunkhwa (KPK) was 07 which included 01 person in 2013 nil in 2014, 06 
persons in 2015, and no person was awarded death penalty in 2016 and 2017.

In Gilgit Baltistan (GB), 05 persons were awarded death penalty during last 5 
years which included 05 persons in 2013 and no person was awarded death penalty 
in 2014, 2015, 2016 and 2017. The report regarding persons awarded death 
penalty is still awaited from Federally Administered Tribal Areas (FATA) and 
Azad Jammu and Kashmir (AJK).

In ICT no person was awarded death sentence during last 5 years.

(source: Pakistan Point News)








SRI LANKA:

Death penalty suitable for abuse of public assets and state funds - President


President Maithripala Sirisena states that imposing death sentence is also 
suitable for those who abuse public assets and state funds.

He said this at an event in Parliament today.

(source: adaderana.lk)




SOUTH AFRICA:

IFP calls for national debate on death penalty



The Inkatha Freedom Party (IFP) believes the time has come for the country to 
engage in a conversation about the death penalty.

This comes in the wake of violent crimes against children, especially in 
KwaZulu-Natal.

The party is calling for a national debate on the subject after the body of a 
murdered child was found in a bush in Phoenix this week.

The IFP's Narend Singh says it adds to the list of horror stories of rampant 
crime in the country.

"When you look at it and when people are convicted of these crimes, the 
question that we have to ask is does the punishment fit the crime? We do know 
that there Constitutional Court rulings and findings on the implementation of 
the death penalty.

"We believe it's about time that we listen to South Africans, we engage in the 
process like the process that was embarked upon on the expropriation of land, 
go around the country and listen to people's views," Singh said.

Meanwhile, the family of 10-year-old Miguel Louw, who went missing from 
Sydenham in July, is expected to view the body on Wednesday along with the 
families of other missing children.

(source: jacarandafm.com)








KENYA:

No catwalk: Life on death row is hell on earth



Prison beauty queen Ruth Wanjiku Kamande could easily become the 1st female 
post-colonial convict to be hanged.

Her fate now squarely lies in the hands of President Uhuru Kenyatta. Should the 
Head of State sign her death warrant, then Wanjiku will face the hangman's 
noose at Kamiti Maximum Prison, where modern gallows remain unused, thanks to 
ambiguity in interpretation of the death sentence.

Wanjiku recently joined the list of death row inmates in the country. The 
24-year-old was found guilty of killing her boyfriend, Farid Mohammed, in 
September 2015. Armed with a kitchen knife, she stabbed Mohammed 25 times.

"I want young people to know that it is not cool to kill your boyfriend or 
girlfriend, even when you feel disappointed or frustrated. Don't do it!" 
declared High Court judge Jessie Lesiit while passing the sentence.

The only respite for Wanjiku is that death penalty for murder, violent robbery 
and treason has never been enforced for the last 30 years. The last execution 
was in 1987, when coup plotters Hezekiah Ochuka and Pancras Oteyo Okumu were 
hanged for attempting to overthrow President Daniel arap Moi.

"Successive presidents have either by acts of omission or drawn by human 
feelings, declined to sign deaths warrants," observes lawyer Nzamba Kitonga. 
Under section 332(3) of the criminal procedure code, a death warrant must be 
issued and signed by the President for the death to be carried out.

The warrant must state the place and time for execution. The death warrant must 
also provide directions about the place of burial or cremation of the body of 
the person to be executed.

Currently, there are about 1,000 death row convicts including Wanjiku. Should 
Uhuru decide to issue death warrants, then prisons authorities will be forced 
to find an 'acting' hangman since there is none at the moment according to 
Prisons boss Isaya Osugo.

"We have the gallows, the machines are new and are regularly serviced. We can 
execute if a death warrant order is signed," says Osugo.

The death sentence is lawful but not mandatory. Legal experts have often given 
conflicting interpretation regarding the sentence, while courts continue to 
condemn offenders to the gallows, where no convict has been killed after 
Ochuka's execution.

There is a de facto moratorium of the death penalty, as death row convicts live 
without knowing what tomorrow holds for them. They perpetually live in fear and 
anguish, not knowing the day the door to the gallows will be opened.

Nzamba says that as much as he sympathises with aggrieved victims and 
relatives, a final decision should be made about the death sentence. "Let 
Parliament make the decision to either abolish or enforce it," says the lawyer, 
a former chair of the Committee of Experts on Constitutional Review (CoE) that 
drafted the 2010 Constitution.

Other offences that attract the death penalty include oath taking, attempted 
violent robbery and aiding the enemy (applicable especially to military 
officers).

Criminal lawyer Cliff Ombeta says the inhuman sentence should be stopped, 
terming the death penalty as unfair and gross violation of human rights.

The penalty was introduced in Kenya by British colonists in 1893. It was 
uncommon in pre-colonial communities, which placed high value on human life. 
Most of the documented executions were carried out by the colonial government 
out to crush the Mau Mau uprising.

Faced with the dilemma of a high number of death row convicts rotting in jails 
across the country, the government has occasionally commuted death sentences to 
life imprisonments.

President Mwai Kibaki in 2003 commuted the death sentence of 223 convicts to 
life imprisonment. He repeated the same act in 2009 by commuting death 
sentences of more than 4,000 death row inmates.

While commuting the sentences, the President observed that extended stay on 
death row causes undue mental anguish and suffering, psychological trauma, 
anxiety and constitutes inhuman treatment.

Rosemary Mathenge, a psychologist, says death row convicts require thorough 
counselling in order to adjust to their new life in prison.

"They are people who need help to restore their hope, not condemnation. They 
have a lot of anxiety as they wonder what will happen to them. The environment 
is depressing to them and that's why they need counseling," she adds.

President Uhuru in 2016 commuted the death sentences of all the 2,747 convicts 
to life imprisonment. They included 2,655 men and 92 women. But 2 years down 
the line, the jails are once again filled with death row convicts -now standing 
at slightly above 1,000, according to Osugo.

The Prisons boss says the unpredictable situation is beyond their control. "As 
long as the police and courts do their work, we have no other obligation other 
than that of confining them in our facilities in accordance with the tenets of 
the law," explains Osugo.

Chapter Four of the Constitution on the Bill of Rights entitles any accused 
person the right to a fair trial, including the right to petition the High 
Court for a new trial while taking into consideration the rights and 
fundamental freedoms of individuals.

Meanwhile, debate is raging locally about the prudence of the death penalty, 
which has been abolished in several countries across the world.

In Africa, 20 member states of the African Union (AU) had by July last year 
abolished the death penalty, while 18 states apply a de facto moratorium.

16 states on the continent still uphold the death penalty

In 2016, the Power of Mercy Advisory Committee (POMAC), in conjunction with the 
Kenya National Commission on Human Rights (KNCHR) and the National Crime 
Research Centre (NCRC) conducted a national public debate on the death penalty.

The objectives of the nationwide debate were to, among other things, collect 
views from Kenyans regarding capital punishment, the form of punishment capital 
offenders should be subjected to, and recommend measures of alternative 
punishment to offenders.

The main factors contributing to capital offences were found to be poverty/high 
cost of living (reported by 38.10 % of members of public and 42.7 % of public 
officials); drug abuse/alcoholism (27.50 % of members of public and 28.6 % of 
public officials) and unemployment (23.7 % of members of public and 15.4 % of 
public officials).

In gauging the perceptions on retention or abolition of capital punishment in 
Kenya, a total of 4,703 members of public were asked to abstractly indicate if 
they were in favour, or otherwise, of the death penalty as currently 
legislated.

A majority (56.9 %) of the respondents of the general public did not favour the 
death sentence, while 43.1 % supported its retention. Further, responses from 
public officials working within the criminal justice system returned a finding 
of 53.9 % in support of retention of death sentence, while 46.1 % were against 
it. Following the ruling of December 17, 2017 by the Supreme Court that 
mandatory death sentence was unconstitutional, the Taskforce on the 
Implementation of the Supreme Court Ruling was constituted to receive 
submissions from the public regarding the ruling.

The taskforce secretariat chaired by Secretary of Justice and Constitutional 
Affairs, Maryann Njau-Kimani, was expected to hold stakeholder consultation 
forums, sensitise the public in different parts of the country before 
submitting recommendations to the Attorney General within of 8 months.

Supreme Court judges Chief justice David Maraga, Deputy CJ Philomena Mwilu, 
justices Jackton Ojwang', Smokin Wanjala, Njoki Ndung???u and Isaac Lenaola, 
while calling for the review of the death penalty, had directed re-hearing of 
the cases of Francis Karioko Muruatetu and Wilson Thirimbi Mwangi at the High 
Court.

The apex court argued that it is during mitigation that the offender's version 
of events may be heavy with pathos necessitating the court to consider an 
aspect that may have been unclear during the trial process.

(source: sde.co.ke)








SAUDI ARABIA:

Saudi Arabia seeks death penalty for preacher Awdah - activists, family



Saudi Arabia's public prosecutor is seeking the death penalty against prominent 
Islamist preacher Salman al-Awdah on terrorism-related charges, activists and 
his family said on Tuesday.

The 37 charges against the 61-year-old cleric in the Specialized Criminal Court 
include spreading discord and incitement against the ruler, according to 
London-based Saudi rights group ALQST and other activists.

Awdah's son, Abdullah, confirmed the court proceedings and said the accusations 
against his father included critical tweets and establishing an organization in 
Kuwait for defending the Prophet Mohammad.

Amnesty International's Saudi Arabia campaigner Dana Ahmed called the reports 
"a disturbing trend in the Kingdom (that) sends a horrifying message that 
peaceful dissent and expression may be met with the death penalty."

A government communications office did not immediately respond to a request for 
comment.

Saudi Arabia, an absolute monarchy where public protests and political parties 
are banned, has witnessed a crackdown on dissent, with dozens of clerics, 
intellectuals and activists arrested in the past year, even as the authorities 
enacted some high-profile social and economic reforms.

A roundup of senior royals, ministers and businessmen last November on charges 
of corruption sent shockwaves through the kingdom, stunning allies and foreign 
investors. Most of those detainees were released after reaching undisclosed 
financial settlements with the government.

Awdah, whom U.N. experts have described as a "reformist" and an influential 
religious figure who has urged greater respect for human rights within Sharia, 
was arrested in Sept. 2017.

He had previously criticized the government but more recently kept silent or 
failed to publicly back Saudi policies, including a rift with Qatar over 
supporting the Muslim Brotherhood.

The Al Saud family has always regarded Islamist groups as the biggest internal 
threat to its rule over a country in which appeals to religious sentiment 
cannot be lightly dismissed and an al Qaeda campaign a decade ago killed 
hundreds.

In the 1990s, the Brotherhood-inspired Sahwa (Awakening) movement demanded 
political reforms that would have weakened the ruling family. Awdah, a Sahwa 
leader, was imprisoned from 1994-99 for agitating for political change. 
Criticism of the ruling family earned him praise from Osama bin Laden, whom he 
eventually denounced.

The Sahwa movement was later undermined by a mixture of repression and 
co-optation. Some clerics, however, maintained large followings through YouTube 
sermons. Awdah has 14 million Twitter followers.

In 2011, he called for elections and separation of powers, principles 
antithetical to strict Islamist ideology. He has since been largely quiet on 
issues of domestic reform.

The authorities recommended the death penalty last month for 5 human rights 
activists from the kingdom's Eastern Province, including Israa al-Ghomgham, the 
1st woman to possibly face that punishment for rights-related work.

(source: Reuters)