[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

April 9




INDIA:

SC accepts plea challenging accused's acquittal in 2012 rape and murder case



The Supreme Court on Monday accepted a plea challenging the acquittal of the 
accused in the sensational case of rape and murder of an 8-year-old in Nainital 
in 2012.

The plea challenges the Uttarakhand High Court's verdict which reversed the 
decision of a lower court. The High Court acquitted the accused Deepak Arya, 
who was declared 'guilty' by a lower court in 2014.

A lower court in Nainital had awarded death penalty to the accused after 
convicting him under 376 (rape) and 302 (murder) and other sections of the 
Indian Penal Code (IPC).

In 2014, Deepak moved the Uttarakhand High Court and challenged the sessions 
court's order. In 2015, the High Court acquitted him due to lack of evidence 
against him. Following which, Naveen Ram, the father of the victim, moved the 
apex court challenging the High Court's order.

"I want justice from the Apex Court. My daughter was raped and murdered. I want 
the court to award the death penalty or life imprisonment to Deepak. It is the 
court's duty to serve justice to my daughter," Naveen told ANI.

Stressing that the Supreme Court should hear the matter urgently as Naveen has 
not got justice yet, former Additional Advocate General (AAG) in Uttarakhand 
government and senior Supreme Court lawyer Mukesh Kumar Giri said: "It cannot 
be just the difference of judgment that Uttarakhand's lower court had sentenced 
Deepak to death and the High Court acquitted him.

(source: business-standard.com)








SRI LANKA:

“Death Penalty is an unacceptable denial of human dignity and integrity” – EU



The European Union delegation has issued a statement regarding the 
reinstatement of the death penalty in Sri Lanka.

The statement acknowledged the effort taken in combating the proliferation of 
drugs. It points out that, although action should be taken to counter this 
illicit drug trade, the evidence presented by the Government of Sri Lanka “does 
not support the argument that the death penalty is an effective deterrent”.

According to the statement, more than two- thirds of countries around the 
world, with a variety of legal systems, traditions, cultures and religious 
backgrounds have either abolished the death penalty or do not practice it. The 
statement stresses that the death penalty is an unacceptable denial of human 
dignity and integrity.

It has called on the Sri Lankan government to maintain it’s moratorium on the 
death penalty in line with its vote at the 73rd United Nations General Assembly 
in December 2018.

The statement was issued by the embassies of:

France

Germany

Italy

Netherlands

Romania

UK

Norway

Switzerland

Canada

Australia

(source: newsfirst.lk)

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

International community wants moratorium on death penalty



The international community has urged the Government to maintain its moratorium 
on the death penalty in line with its vote at the 73rd UN General Assembly in 
December 2018.

The Delegation of the EU issued the following statement in agreement with the 
Embassies of France, Germany, Italy, Netherlands, Romania and the UK High 
Commission, the Embassies of Norway and Switzerland, as well as the High 
Commissions of Canada and Australia.

The Government of Sri Lanka has recently taken measures towards resuming 
executions and bringing an end to Sri Lanka’s 43-year moratorium on the death 
penalty as part of its stepped up anti-drug policy.

While acknowledging that combating the proliferation of drugs is a serious 
challenge for countries around the world, and that action to counter the 
illicit drug trade is important and necessary, the evidence does not support 
the argument that the death penalty is an effective deterrent. We are ready to 
share our experiences in addressing the threat posed by drugs.

More than 2/3 of countries around the world, with a variety of legal systems, 
traditions, cultures and religious backgrounds, have either abolished the death 
penalty or do not practice it. The death penalty is an unacceptable denial of 
human dignity and integrity.

We call on the Sri Lankan Government to maintain its moratorium on the death 
penalty in line with its vote at the 73rd UN General Assembly in December 2018.

(source: ft.lk)








PAKISTAN:

PML-N seeks death penalty for acid attack perpetrators



Pakistan Muslim League-Nawaz (PML-N) is set to introduce the Acid and Burn 
Crime Act 2019 bill. The aim is propose the death penalty or rigorous life 
imprisonment for those who intentionally attack people with acid or inflict 
burn injuries.

Opposition MPA Hina Pervez Butt has prepared the bill and it will be submitted 
to the Punjab Assembly in the coming days. If such an act has resulted in the 
demise of a person, it was proposed that the perpetrator be punished with a 
death sentence or rigorous life imprisonment.

Section 10 of the existing act dictates those who carry out an acid or burn 
attack shall be punished with imprisonment which may extend to 7 years, but 
will not be less than 3 years. Also, the fine imposed would not exceed 
RS100,000.

Whoever aids, abets or colludes in acid or burn attacks, either individually or 
jointly, shall be liable to the punishment mentioned above. It was proposed 
that the investigation would be carried by an officer not below the rank of 
inspector/SHO.

The matter would also be probed within 14 days of the complaint or registration 
of the FIR. Under the law, the court will allow time, not exceeding 14 days, 
provided reasonable grounds exist for such an extension. Total time for 
investigation of acid or burn attacks shall not exceed 60 days and if it does, 
such a failure may be noted in the performance assessment of the presiding 
judge or the officer in charge of the investigation.

If the court finds that the investigation officer, or others involved, have 
failed to carry out the investigation with due diligence, the officers may be 
punished through imprisonment which may extend to 2 years and could be 
accompanied by a fine. It was also proposed that both may be imposed after 
referring to summary proceedings.

The act proposes daily hearings and the trial will be concluded within 7 days. 
For protection, it was suggested in the bill that any person who threatened or 
otherwise harassed witnesses shall be guilty of an offence punishable by way of 
summary procedure. In case of such an event, such imprisonment may extend to 2 
years.

Any person aggrieved by the order or judgment by a sessions or additional 
sessions trial may appeal to the high court within a period of 30 days. If the 
victim is a minor, the provincial government or Acid and Burn Monitoring Board 
would provide free shelter, sustenance and basic needs till such time that the 
victim is financially independent.

Talking to The Express Tribune, MPA Hina Pervez Butt said that women were over 
acid throwing and burn cases increasing by the year. Hundreds of women, 
children and a few men fall victim to this horrendous crime with little 
possibility to seek justice or support.

Although the offence has been criminalised through an amendment in the PPC, a 
more comprehensive legislation is needed to address the difficulties and gaps 
in the investigation.

Due to socioeconomic circumstances, specific and comprehensive legislation is 
needed to allow victims to overcome the fear and stigma associated with such 
attacks. This will serve as an effective deterrent, the MPA proposed.

(source: The Express Tribune)

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

Murderer Gets Death Penalty In Islamabad



An Additional District and Sessions judge in Islamabad Tuesday awarded death 
sentence to an accuse of murder while 7 years rigorous imprisonment to 
accomplice accused on a case reported in Tarnol police limits.

The police submitted the Challan of accused Bismillah Khan and Sher Zaman 
residents of Attock in the court who allegedly murdered Raja Munawar in April 
last year over a dispute.

The court after listening to the arguments of both parties declared Bismillah 
Khan and Sher Zaman guilty of the offense and awarded death sentence to 
Bismillah Khan and 7 year rigorous imprisonment to Sher Zaman along with fine 
of Rs 0.3 million.

(source: urdupoint.com)








AFRICA:

Death penalty not in African culture, says Pete Ouko----Pete Ouko, a Kenyan and 
a leading campaigner against capital punishment, decries its continued 
application in many jurisdictions.



How did you find yourself in prison and on death row?

In 1998 my wife was found murdered in front of a police station. I got word and 
I went to the police station to be told what had happened and I got locked up; 
my in-laws said I should be locked up. I was in the police station for 30 days, 
the law did not allow for that. I was not taken to court; because of course 
there was no evidence (to use) to take me to court. After 30 days I wrote a 
letter to the Attorney-General and to the law enforcement officers that the law 
says I should be in court within 14 days if at all there’s anything against me, 
but I’ve been here for 31 days and there’s nothing, so, I want to be taken to 
court to be released. So, they took me to court. I went to court, there was 
still nothing, and so I was taken to a remand home for about three weeks, still 
there was nothing. The judge (then) said I had to be taken back to police 
custody. So I went back to the police station and I had to stay there for 
another one month. So basically I spent sixty days at the police station.

Anyway I did my case in 1999 all the way to 2001 when I got convicted; the 
judge who convicted me just passed on the other day. But before then he had 
been sacked. He was the first to be sacked for corruption in Kenya. There was a 
radical surgery in the judiciary in 2003 by President Mwai Kibaki. The radical 
surgery led to the sacking and resignation of all the corrupt judges who were 
on board. My presiding judge lost his job at that point. But I went on appeal, 
I had my appeal completion, but when I came to judgment, I was told the 
judgment could not be read. I was (eventually) sentenced to death. I joined the 
death row in 2001. Basically I was on death row for 8 years, between 2001 and 
2009, but in 2009 was commuted to life. So from 2009 to 2016 when I left I was 
serving life imprisonment.

When your sentence was commuted to life imprisonment was it after an appeal?

No, the president just used his prerogative and commuted all death sentences. 
In 2003, President Kibabki commuted many death sentences of those who had been 
there for long to life imprisonment. Then in 2009 he again commuted the others. 
In the first instance in 2003 I think he commuted 4000 and in 2009 he commuted 
3000.

After your sentencing what happened?

After the sentencing I then wrote a letter to the president, I told him even 
though I don’t agree with the decision of the court, as a law abiding person I 
respect it, but I need to be home because my children were going to graduate. 
The letter was up scaled and it reached him. So, in October 2016 I left the 
prison.

And up till now nobody knows who killed your wife?

I don’t want to go into that because we have the matter in court and it is sub 
judice.

>From your experience, is there any hope for the abolition of the death penalty 
in Africa?

I don’t think the death penalty is an African concept. I think the death 
penalty was imposed on Africa by people who had already abolished it in their 
own countries. The African way of solving conflicts and some of the most 
heinous crimes was sitting under a tree and restitution was made. You look 
through all the African cultures they didn’t have the death penalty. In fact 
some of those who committed the most grievous crimes would be ostracised and 
told never to come to that community again.

(source: The Nation Nigeria)



BARBADOS:

‘All set’ for death sentence



ALL IS IN PLACE NOW for judges to once again sentence convicted murderers to 
hang.

That’s because the Constitution (Amendment) Bill 2019 was passed by both Houses 
of Parliament last week, and given the assent by Governor General Dame Sandra 
Mason on April 4, to make it law.

The amendment changed the Constitution by deleting the provision in Section 15 
that made it the mandatory death sentence for murder. The Caribbean Court of 
Justice (CCJ) had ruled in January 2018 that such a provision was 
unconstitutional.

Attorney General Dale Marshall, addressing a Barbados Labour Party St Peter 
branch meeting at Black Bess Pavilion Sunday night, said justice might now be 
better served.

“For years we’ve had a death penalty which has been mandatory. Our law used to 
say if you are charged with murder and convicted, you will be hanged. Now what 
that meant is that the judges weren’t deciding, it was Parliament that decided 
what to do with the law.

(source: nationnews.com)








IRAQ:

Iraq hands man death sentence for murder of 3 university professors



A criminal court in Iraq’s Diyala province on Monday said it handed a death 
sentence to a man found guilty of involvement in the killing of three 
professors at a local university.

According to the Supreme Judicial Council of Iraq, the convicted will face the 
death penalty (via hanging) after the Diyala Criminal Court pronounced the 
sentence following a trial.

The victims were faculty members at the University of Diyala, located north of 
the Iraqi capital of Baghdad.

“The second body of the Diyala Criminal Court has considered the case of a 
terrorist who confessed to killing 3 citizens and wounding another, all of them 
working at Diyala University, after an attack he led with other militants 
belonging to terrorist organizations,” a spokesperson for the Judicial 
Council’s media center said in a statement.

It was not immediately clear to which terror organization the suspect belonged.

The statement also noted that he had confessed to shooting the victims in the 
village of Ibn Khaldun.

“The sentence of the convict comes in accordance with the provisions of Article 
IV/1 of the Anti-Terrorism Law No. 13 of 2005.”

Iraq has been highly criticized for its implementation of capital punishment in 
recent years. The death penalty in Iraq was suspended on June 10, 2003, but was 
reinstated the following year.

International groups and human rights organizations, including the United 
Nations and Human Rights Watch, say efforts by Iraqi authorities to accelerate 
the implementation of death sentences could lead to the execution of innocent 
people, pointing to major flaws endemic to the nation’s deficient criminal 
justice system.

(source: kurdistan24.net)