[Deathpenalty] death penalty news----worldwide
Rick Halperin
rhalperi at smu.edu
Fri Apr 19 10:53:43 CDT 2019
April 19
GLOBAL:
The death penalty? Kill it off, around the world
Newspaper columnist Jamal Khashoggi’s killing is the latest high-profile
example of a sovereign meting out extreme justice and capital punishment. CIA
analysts concluded that Khashoggi was brutally killed last October inside the
Saudi Arabian consulate in Turkey.
And, shockingly, it was legal.
One reason the Saudis have not faced international retribution in the courts or
official diplomatic blowback for the killing is simple: Death is a legal form
of punishment in the Kingdom of Saudi Arabia.
Like it or not, the sentence was handed down, perhaps by Prince Mohammed bin
Salman himself, and the cruel execution was conducted within the consulate and
on what is arguably Saudi Arabia’s diplomatically sovereign territory.
Turkey’s President Recep Tayyip Erdogan argues that the murder was committed on
territory that is physically and geographically in Turkey, a NATO ally that
gave up its own death penalty in a 2004 bid to join the European Union. But the
reality is that Erdogan will respect the conventional inviolability of a
foreign embassy and consulate in a centuries-old tradition that gives safe
passage and protection to diplomatic missions. To act otherwise would be to
breach not only diplomatic protocol — it would also put at risk the protections
of Turkey’s own diplomatic missions overseas.
Instead of seeking to overturn a generally accepted and mostly desirable
practice afforded to foreign missions, there is really only one way to make
future Khashoggi-type killings infrequent and universally unacceptable: Outlaw
capital punishment.
Make it illegal now. Here, there and everywhere.
California Gov. Gavin Newsom is now in the national spotlight for using his
powers to call for a death penalty moratorium. (Disclosure: My wife is
California’s lieutenant governor and opposes capital punishment.)
In 2016, a little over 1/2 of California voters decided to keep capital
punishment. That referendum focused on the enormous moral, judicial and penal
costs of capital punishment. Newsom sees his recent election as a popular
affirmation of his strong and highly personal opposition to the death penalty.
I have long argued against capital punishment on national-security grounds.
Some of the most heinous criminals residing overseas never get extradited to
the United States for punishment unless America is willing to cut a deal and
spare these extreme criminals from the ultimate punishment. And it’s not just
murderous terrorists who escape extradition. Edward Snowden remains out of
reach, and it may keep Julian Assange off U.S. soil.
Most recently, it was El Chapo who got immunity from the death penalty. In
contrast, 737 individuals on California’s death row received no such deal by
dint of getting caught for their horrific crimes within United States. This
2-tier system of justice is bad enough. For criminals, the lesson is simple: If
you plan on hurting Americans, do it overseas.
It’s not just geography that defines legal differences. It’s the crimes
themselves. What’s legal in one place is punishable by death in another.
Florida’s rules are not the same as Saudi Arabia’s. In some countries,
political dissent or being gay is punishable by death.
As a result, differences in legal norms and reasonable punishment cause
diplomatic tension. It puts stress on relations between allies and
strategically friendly nations. In America, it created absurd conditions for
President Trump, who had to contort American policy and stretch to justify the
inhumanity of Khashoggi’s death.
Only one approach can harmonize global legal policies, stop cavalier killing
and make the consequences of such actions palpable and universally accepted.
Outlaw the death penalty. Everywhere. Not just in California and around the
United States, but in capitals around the world.
The good news is that the medieval practice is commonplace in only a few
nations outside the United States: Iran, China, Pakistan, India, North Korea,
Saudi Arabia for example. Clearly, this is not the best company for the United
States to keep.
Abolishing the death penalty globally would allow countries to join together in
a common cause that does not threaten their sovereignty, but, rather,
reinforces their global responsibility, shared humanity and respectable
membership in a civilized community of nations.
It won’t even require a massive legal movement or shift in policy. All these
nations have already signed onto the Universal Declaration of Human Rights,
which rejects capital punishment.
>From a policy perspective, Trump has already recognized the unfairness of an
unbalanced American justice system. That’s why he has commuted sentences and
signed an important criminal justice bill. Saudi Arabia’s King Salman, in his
current role, can also apply sovereign mercy on a case-by-case basis today.
An accepted and internationally recognized reversal of the world’s death
penalties would be a sane and civil approach for nations and leaders who no
longer want to get caught up either in the direct appeals for clemency or the
multilateral diplomatic challenges of trying to explain — or explain away —
their out-of-step stance.
It’s time to kill the death penalty.
(source: Opinion; Markos Kounalakis reported in several countries with
capricious laws and corporal punishments. He is now safely working as visiting
fellow at the Hoover Institution----miamiherald.com)
NIGERIA:
Man remanded for allegedly stabbing father to death
An Ebute Meta Magistrates’ Court in Lagos on Thursday ordered the remand in
prison of a 23-year-old man, Rasheed Shitta, for allegedly stabbing his father
to death, the News Agency of Nigeria (NAN) reports.
The Magistrate, Mrs Adeola Adedayo, remanded Shitta in Ikoyi Prisons and
ordered that the case file should be sent to the Lagos State Director of Public
Prosecutions for advice.
Adedayo adjourned the case until April 24.
Shitta, who resides at No. 23, Dada St., Majidun in Ikorodu, near Lagos, is
facing a charge of murder.
His plea was not taken.
Earlier, the Prosecutor, Insp. Chinalu Uwadione, told the court that Shitta
committed the offence on April 14 at 1.00 a.m. at Oriokuta, Imota community in
Ikorodu.
Uwadione said that the defendant stabbed his father, Muda Shitta, 73, to death
with a knife while he was asleep.
According to the prosecutor, the offence contravenes the provisions of Section
223 of the Criminal Law of Lagos State, 2015.
Section 223 stipulates death penalty for offenders.
(source: pmnewsnigeria.com)
PAKISTAN:
Capital punishment: legal experts divided over government’s decision
Legal experts are divided over the government's decision to convert capital
punishment into life imprisonment to facilitate extradition of Pakistani
nationals living abroad, particularly in European countries, and facing serious
charges in Pakistan.
Talking to Business Recorder on telephone, senior Supreme Court lawyer Wasim
Sajjad said that it would be a step forward in the right direction as majority
of European countries do not extradite those facing cases in their countries
fearing they may face the death sentence.
"If the government waives the condition of capital punishment, it will succeed
in extraditing those who have taken asylum abroad, especially in European
countries," he added.
Kamran Murtaza, vice chairman Pakistan Bar Council (PBC) said that the
government can not decide on behalf of those aggrieved as there are issues of
'qisas and diyat' in murder cases.
"How can you abolish the death penalty if someone is awarded death sentence and
their relatives refuse blood money," he questioned. He further stated that the
proposed amendment will be challenged in the court as there are legal
complications which may be struck down by the superior judiciary.
The Federal Cabinet has accorded its approval to amend Pakistan Penal Code
(PPC) for the extradition of Pakistani citizens living abroad, especially in
European Countries, and wanted in Pakistan.
Briefing the media in Islamabad following a meeting of the Federal Cabinet, the
Information Minister Chaudhry Fawad Hussain said that the legislation would
facilitate the extradition of people like Altaf Hussain, Ishaq Dar, Hussain
Nawaz, and Hassan Nawaz, the sons of former Prime Minister Nawaz Sharif.
(source: Business Recorder)
BANGLADESH:
5 to die for rape, murder
A Chapainawabganj court yesterday awarded 5 men with death penalty for raping
and killing a girl in 2015.
The convicts are Nayan Karmokar Rabidas, 28, Proshanto Rabidas, 22, Nitai
Chandra Rabidas, 25, Subhash Das, 42, and Proshanto Rabidas, 24, all hailing
from the same district.
Women and Children Repression Prevention Tribunal-2 Judge Shawkat Ali handed
down the verdict after examining records and hearing 14 witnesses.
The court also fined Tk 1 lakh to each of the convicts.
On June 14, 2015, police recovered the body of 20-year-old Ayesha Khatun from a
ditch in Maharajpur area of the district’s Sadar upazila. After an autopsy was
conducted on the body, the law enforcers found out that the girl was raped
before being killed.
On August 15 of the same year, Shamim Aktar, sub-inspector of Sadar Police
Station, filed a case against unnamed people, following which Inspector Sarwar
Rahaman of the same station pressed charges against eight people on December 14
in the same year.
According to the charge sheet, Nayan developed a relation with Ayesha over the
time. On June 13, 2015, he called the girl and raped her with others at night.
Later, they strangled her and dumped the body at the ditch, the charge sheet
added.
(source: The Daily Star)
********************
5 get death for murder of Bogura farmer
5 men have been sentenced to death for the murder of farmer Yasin Ali in Bogura
almost 13 years ago.
District and Sessions Judge Naresh Chandra Sarkar passed the verdict on
Thursday.
4 others were also sentenced to prison for different terms.
The recipients of the capital punishment are Ismail Hossain, his 2 sons Mamun
and Zulfikar, his brother
Abdur Rahim and Sirajul Islam. They have also been fined Tk 20,000 each.
A total of 19 people were tried in the case but 10 were acquitted after the
charges against them could not be proved.
According to the case dossier, Bahadurpur village resident Yasin Ali, 64,
started a case against 9 people on Jun 3, 2006 after Tk 80,000 was stolen from
the funds of a cooperative association in the village.
The suspects in the case were arrested but were subsequently released on bail.
They later set out to attack and vandalise Yasin Ali’s home. But when Yasin
attempted to stop them, he was beaten to death by the assailants.
Yasin’s wife Anwara Begum initiated a murder case with the Gabtoli Police later
that same day. SI Sanwar Hossain later submitted a charge sheet against 19
suspects following an investigation.
After a prolonged hearing, the court on Thursday returned a guilty verdict
against 9 of the accused in the case.
(source: bdnews24.com)
UNITED ARAB EMIRATES:
Death penalty for 8 men over spate of armed robberies in Sharjah----The
suspects were caught after 3 raids in which about Dh1.8 million was stolen
Eight men have been sentenced to death over a spate of armed robberies in
Sharjah in which security van guards were attacked and Dh1.8 million stolen.
The men - all Nigerian nationals - were convicted of armed robbery, physical
assault and forcefully obtaining money by Sharjah Criminal Court on Wednesday.
The cash was stolen in 3 raids on vans transporting cash boxes in December
2016. The men were arrested in early January 2017.
The court heard some of men admitted the charges, while others denied them, at
an earlier hearing.
At the time, Sharjah Police said about 20 suspects were initially held over the
raids outside ATM machines.
The 1st raid took place at a Dubai Commercial Bank ATM on King Abdul Aziz
Street where about Dh340,000 was stolen.
2 days later the gang attacked security guards near an ATM in Al Safeer Mall in
Al Nahda and made off with about Dh700,000. A 3rd attack on a van near a cash
machine in the Muweilah area led to Dh710,000 being taken.
A 4th attack at a money exchange office on Sheikh Mohamed bin Zayed Road, near
National Paints on the Dubai-Sharjah border, was thwarted by police.
The men fought with police, injuring 2 officers, as they were taken into
custody, Sharjah Police's Colonel Aref Al Bayat told reporters at the time.
Police said some of the money was recovered and some lost, without specifying
figures.
“Officers found drugs in the apartment, which was shared with about 40 people
from the same nationality,” he said.
A 9th suspect was sentenced to six months in prison on Wednesday, to be
followed by deportation for possessing stolen money.
He told the court he was not aware the money was stolen. He said the brother of
one of his fellow defendants phoned him from Nigeria and asked him to take
Dh60,000 and transfer it to him.
The case was the latest in a spate of armed robberies.
In February, 9 men, also all Nigerians, were sentenced to a total of 18 years
for a raid on a cash transit vehicle in Dubai.
And last month, 2 men were arrested over an armed robbery on a supermarket in
Sharjah.
Dramatic CCTV footage showed the men wielding cleavers and lashing out at
security guards, who tackled them. The men are in custody awaiting trial.
(source: thenantional.ae)
PHILIPPINES:
In search for true justice: Death penalty is a false solution----The passion of
Christ vivified nothing less than the destruction of the scales of justice if
only to tilt in favor of the selfish desires of the wicked
Once again our predominantly Catholic country will observe Holy Week as the
culmination to the 40-day Lent. It is during this time of the year when we
pause and reflect over the pixels of our lives, and remember how “for dust thou
art, and unto dust shalt thou return.”
This Holy Week we recall the story of an innocent man who came to the world as
Savior – who healed and brought to life the sick and the dead, who exposed the
corruption and lavish lives kept hidden inside temples, and who sympathized
with tax collectors and prostitutes because in the eyes of God we are all His
children, but who was in turn crowned with thorns and scourged mercilessly, who
carried the very cross he was sentenced to die on.
The passion of Christ vivified nothing less than the destruction of the scales
of justice if only to tilt in favor of the selfish desires of the wicked. It
epitomizes everything that is wrong in a system that permits the taking of a
life under a set-up that is neither perfect nor error-free.
Capital punishment, popularly known as “death penalty,” can be defined as a
state-sanctioned act of executing a person sentenced to death after conviction
by a court of law of a criminal offense. The history of the imposition of death
penalty in the Philippines shows a volte-face attitude that clearly depicts the
divided opinion and reception of our people towards the purpose, aptness and
effectivity of the punishment.
President Rodrigo Duterte rose to fame for his rather simplistic style of
governance; relying mostly on threats of brute force and actual violence to get
his way. His presidential campaign leaned heavily on both the promises of
ridding the country of drugs with a violent campaign, through which he promised
that he will “kill all the druglords,” and of the restoration of death penalty
to deter crimes. But is death penalty as golden as the promise?
Senate support
Senator Panfilo Lacson recently made a pitch to reimpose capital punishment in
an effort to discourage drug cartels operating in the country. “We should also
open our eyes to the reality. They will make this country a playground for drug
lords because they play with impunity and it’s profitable for them,” he said.
The campaign in the Senate to restore death penalty is currently led by Senate
President Vicente Sotto, III and Sen. Emmanuel Pacquiao.
SP Sotto admitted that a majority of senators do not support the death penalty.
He said he, Sen. Lacson and Sen. Pacquiao are working to convince their fellow
senators to support the death penalty measure, at least for high-level drug
trafficking and other heinous crimes.
The poor as victims
>From historical experience and in-depth studies we realize how imperfect and
inadequate our justice system is. Socio-economic realities have skewed the
implementation of the law against the poor and the marginalized. Police raids
and warrantless arrests are an everyday occurrence for our countrymen in the
slum areas who are lucky enough to make it out alive. At the same time, the
same police force approach the gated communities with respect and full accord
of their rights.
Equal Justice Initiative founder and Executive Director Bryan Stevenson argues
that, “Our justice system treats you better if you are rich and guilty than if
you are poor and innocent."
This observation is even more pronounced in the Philippines with our increasing
levels of social and material inequality. Here, our detention facilities and
penal institutions are overflowing with detainees and offenders belonging
mostly to the lower socioeconomic classes. For instance, in a 2004 study, the
Free Legal Assistance Group (FLAG) surveyed a total of 890 death row inmates at
the New Bilibid Prison in Muntinlupa and Correctional Institution for Women in
Mandaluyong and discovered that the profile of the then death row was
reflective of the Filipino poor: largely uneducated, mostly underemployed and
generally inhabiting hovels and shanties.
Such an uneven system of administering justice leads to the erosion of our
faith in the law and the legal system.
Death penalty: the cure or the poison?
In incidents of terrorism, rape, and other heinous crimes where victims are
horrendously and helplessly slain or notoriously dishonored, the knee-jerk
response of traditional politicians is to propose to make the punishment so
severe as to create an illusion of justice. Under immense pressure to appease
the angry mob and ease the outrage of the public for retribution, many
legislators pin the blame on the absence of the death penalty as the cause of
heinous crimes. They would argue that if there is a threat of capital
punishment, the offenders would not dare commit such depraved acts.
On the contrary, there is no empirical evidence that death penalty curbs crime.
In fact, global trend is towards its abolition. Amnesty International reported
in 2018 that 121 of the UN’s 193 member states voted on a moratorium on the use
of the death penalty. When the UN was founded in 1945 only 8 of the then 51 UN
member states had abolished the death penalty. Today, 103 of 193 member states
have abolished the death penalty for all crimes, and 139 have abolished the
death penalty in law or practice.
Our focus should be to ensure that our justice system punishes the true
offenders, while our government address the social injustice that breeds or
encourages criminal or anti-social behavior.
This trend is brought about by various studies proving that there is no
empirical evidence that death penalty deters crime in any part of the world. In
fact, leading criminologists Michael Radelet and Traci Lacock (2009) presented
the consensus among criminologists that the death penalty does not add any
significant deterrent effect in lowering homicide rates compared to long-term
imprisonment.
The Ministry of Home Affairs says the survey is part of the government's
'regular research on our criminal justice system' and involves citizens and
permanent residents Malaysia to abolish death penalty – minister
The Malaysian government has decided to scrap capital punishment because there
has been strong domestic opposition to the practice
Roque says no to death penalty in drug crimes
Former presidential spokesperson Harry Roque contradicts the Duterte
administration on death penalty for drug-related crimes
This can be confirmed by another local study conducted by FLAG, in 2004, which
revealed that majority of 1,121 death row inmates knew about death penalty
before they even committed their offenses. Despite this, the study also
uncovered that more than half of them, did not know that the crimes they were
charged of were subject to capital punishment. This obliviousness may even be
caused by poverty and lack of education, which are indicators that the poor are
the only ones targeted by this measure.
Senator Francis Pangilinan, who used to chair the Senate committee on justice
and human rights, shared that during their hearing on the measure suspending
the imposition of death penalty, it was revealed that despite 7 death penalty
executions undertaken under the Estrada administration from 1998 to 1999, the
crime rate further increased by 15.3%.
The certainty and swiftness of punishment is more effective than tougher
sentences. An ineffective system of implementing the law provides criminal
elements an opportunity to avoid punishment making the nature of the penalty
immaterial. Our focus should be to ensure that our justice system punishes the
true offenders, while our government address the social injustice that breeds
or encourages criminal or anti-social behavior.
Flawed and decaying criminal justice system and its irreversibility
The Supreme Court in the case of People vs. Mateo (2004) admitted that a
considerable majority of the trial courts had wrongfully imposed the death
penalty during the time it was sanctioned as a sentencing option from 1993 to
2004. In the said case, the SC said that for 11 years from 1993 to June 2004,
907 out of 1,493 cases were submitted to the Supreme Court for judicial review.
Of this number, the death penalty was only affirmed in 230 cases or 25.36 % of
the cases for review. More than half (53.25%), or 483 death penalty cases, were
reduced to reclusion perpetua, while 65 were acquitted. A shocking declaration
of the Supreme Court revealed a judicial error of 71.77% that time saving 651
out of 907 appellants from death. It was a clear "miscarriage of justice," as
described by then Chief Justice Artemio Panganiban.
This phenomenon of judicial error even discounts the poison that is corruption
– so potent is its powers that it does not only bedevil ordinary agencies of
government, but has reached even the hallowed halls of our courts.
To compound this problem would be the irreversible nature of the capital
punishment. All too often we have seen convictions reversed years later after
pieces of evidence have surfaced that would exonerate the accused.
Our current policy and international commitment on death penalty
The 1987 Constitution prohibits the imposition the death penalty save “for
compelling reasons involving heinous crimes” as may be provided for by
Congress. Death penalty was reintroduced in our county in 1993 but was
prohibited again in 2006.
To solidify our commitment against death penalty, we even acceded to the
International Treaty on the Second Optional Protocol to the International
Covenant on Civil and Political Rights in November 2007. This requires all
state parties, the Philippines included, to "take all necessary measures to
abolish the death penalty within its jurisdiction."
Death penalty as a weapon of repression
The death penalty has historically been used as a weapon to suppress dissent
and oppress the political opposition. The practice even pre-dates the most
infamous of death penalty sentences ever carried out. Four centuries before
Jesus Christ was sentenced to die on the cross, the philosopher Socrates was
sentenced to die based on charges apparently arising from his act of asking
politico-philosophic questions of his student, but were, in reality, motivated
by suspicions regarding his political affiliations and his vocal criticism of
Athens’ political system and prominent citizens.
Just recently, we have seen the zeal of our law enforcers to implement arrest
warrants for petty cases against Rappler CEO Maria Ressa and Sen. Antonio
Trillanes IV, while going easy against Imelda Marcos and Nur Misuari for graft
and rebellion cases, respectively. We have seen how the law is used to silence
witnesses against criminal wrongdoings of the administration allies without
making any sincere effort to investigate the allegations.
If the death penalty were reinstated, it would be a taxpayer-funded machinery
for political assassination. Freedom to speak and to dissent would die, and
with it our democracy.
In fact, one need not look further than this author’s experience to see the
disparity between how this administration treats persons who are guilty of
nothing more than being vocal critics of its acts, omissions and policies,
versus how it treats its allies who are guilty of the most heinous of offenses.
I have now been under detention for 779 days already, based on trumped up
charges that are supported by no corpus delicti, but relies chiefly on the
perjured and self-serving testimonies of self-confessed drug lords. And yet,
these self-confessed drug lords, save for one, were not charged at all for
their undisputed participation in the drug trade. I, an innocent political
opponent, is behind bars, while the real drug lords have gotten away with their
crimes.
If the death penalty were reinstated, it would be a taxpayer-funded machinery
for political assassination. Freedom to speak and to dissent would die, and
with it our democracy.
Death penalty is an outdated way of addressing criminality
Putting criminals to death as a form of punishment has existed in the earliest
of human civilizations. It may seem inherently logical to human beings to
reason that a person who takes the life of another should also be killed. A
life for a life. For many, this is justice. However, in light of the many
researches and studies in the administration of criminal justice, given the
imperative for a more humane understanding of and approach to the root causes
of poverty and criminality, the time has come for us to confront and re-examine
the timeless questions surrounding the imposition of death penalty.
The complex problem of criminality in the Philippines calls for an urgent but
strategic response. If we believe that death is the answer to curbing
criminality and exacting the highest possible price for committing a crime is
indeed right and just – with thousands of deaths under the so-called war on
drugs of the Duterte administration – why is crime and corruption still rampant
in the Philippines?
Politicians will try to pander with tough talks and promises of harsh
punishment against criminals. However, they are all cheap and meaningless if
they do not translate to actual arrests, prosecutions and convictions.
Criminality is a more complex and nuanced matter than politicians will care to
admit. The reinstatement of the death penalty – and equating death with justice
– is a patently fallacious and iniquitous way of going about it.
The problem requires a multi-dimensional and multi-level approach considering
how aggravating and aggravated the situation is. Our justice system is weak and
the poor are even more enfeebled as studies have repeatedly shown that an empty
threat of death is never the answer. Over and above legislating for death
penalty, our Congress should be pushing for bills on prosecution and judicial
reforms that would make our justice system more effective and efficient.
An honest-to-goodness administration of justice bests any legislation
increasing penalty on crimes; and a sincere governance that would raise the
quality of life of our people would keep them from a life of evil. The Bible
says in Zechariah 7:9, “This is what the Lord Almighty said: ‘Administer true
justice; show mercy and compassion to one another.’” – Rappler.com
(source: Opinion; Senator Leila de Lima, a fierce Duterte critic, has been
detained in a facility at the Philippine National Police headquarters for more
than 2 years over what she calls trumped-up drug charges. She is a former
justice secretary and chairperson of the Commission on Human
Rights----rappler.com)
SAUDI ARABIA:
Drug trafficking and the Saudi sword
Following the execution of one Kudirat Afolabi, a Nigerian woman, by the Saudi
Arabian authorities earlier this month for drug trafficking, reports emerged
that eight Nigerians have already been executed in the Kingdom (probably in
this year alone), while 23 others are currently on death row.
The federal government has come under renewed criticism for allegedly not doing
enough to save Nigerians facing execution in Saudi Arabia, for drug trafficking
and other crimes that attract capital punishment in the Kingdom.
It’s important to point out that capital punishment for drug trafficking was
introduced in Saudi Arabia in 1986 when the then King Fahd bin Abdul-Aziz
Al-Saud wrote to the Hait-Kibarul Ulama i.e. Council of Senior Scholars in the
Kingdom under its then Chairman, Sheikh Abdul-Aziz bin Abdullah bin Baaz,
seeking juristic thoughts on the appropriate judicial punishment for drug
trafficking in view of the extremely destructive impacts of drugs on
individuals and communities, as well as the sheer magnitude of the threat posed
by drug trafficking to the Kingdom’s socio-economic well-being and political
stability.
After sessions of thorough deliberations in light of relevant Shari’a
jurisprudential principles on the bases of relevant Qur’anic and Sunnatic texts
especially the Qur’anic verse 33 of Suratul-Ma’idah, the Council recommended
the introduction of capital punishment as the appropriate judicial punishment
for drug trafficking, and to serve as a maximum deterrent to other would-be
Kingdom-bound drug traffickers.
By the way, the Council had obviously deliberated in the context of Ta’azir, a
Shari’a judicial principle that allows eminent Muslim jurists to recommend
punishments they deem appropriate for crimes not specifically addressed in the
Qur’an or authentic Sunnah.
Anyway, it’s equally important to note that the process leading to the
execution of a convicted drug trafficker in the Kingdom is exhaustive, contrary
to what some people apparently assume. On average, the period between the
arrest and execution of a convicted drug trafficker ranges between a year and a
couple of years of investigations and trials.
A drug trafficking suspect in the Kingdom is always tried, at first, before a
3-judge open court where he is provided with a translator if he can’t
understand Arabic, and free defence lawyer services. The proceedings are held
in as many court sessions as necessary leading to either his conviction or
immediate acquittal, depending on the prosecution and defence evidence
presented to the court.
Also, even if found guilty, the case file is automatically transferred to a
5-judge court of appeal where the guilty verdict issued by the first court will
be thoroughly scrutinized to uphold or quash it, depending on the judges’
findings.
Likewise, even if the court of appeal upholds the verdict, the case file is
again automatically transferred to the five-judge Supreme Court of the Kingdom
in Riyadh where the guilty verdict of the 2 previous courts will equally be
exhaustively reviewed to uphold or quash, depending on its findings.
Though the Supreme Court decision is final, yet even if it upholds the guilty
verdict, the case file is still automatically transferred to the King who will
be briefed by his legal advisers before he issues a Royal Decree giving the
go-ahead to carry out the execution. Also, the country of a non-Saudi convict
is always duly informed through its embassy in Riyadh or consulate in Jeddah,
before executing him.
In short, typically a person convicted of drug trafficking in the Kingdom has
been tried by 13 judges at 3 courts of different hierarchical jurisdictions. A
convict is usually only informed of his imminent execution on the morning of
his last day on earth.
I have witnessed a few public executions in Riyadh and Makkah. A typical public
execution takes place in a mosque yard. Amid tight security, the convict is
brought out from a prison van and led gently into the centre of the yard,
handcuffed, leg-chained and blindfolded. He is made to kneel down. The
executioner examines the convict’s kneeling posture and the balance of his
head, apparently to ensure that he hits the right spot on the back of his neck.
He (executioner) then takes a few steps back, draws his sword out of its
sheath, moves closer to the convict with his glittering bare sword, and cuts
off the convict’s head with one strong and swift strike.
Of course, the scene is so gory that even some of the policemen around can’t
stand watching; they turn their backs shortly before the execution. Anyway, a
prepared short announcement from a nearby public address van follows giving a
summary of what the executed person had committed and the judicial process that
led to his execution. Afterwards, the body and the head are loaded onto a
mortuary van while a vacuum truck comes in to wash off the blood as the
spectators disperse.
Obviously with the sheer amount of warnings continuously flowing around that
drug trafficking attracts capital punishment in Saudi Arabia, and that the
punishment is indeed carried out, the insistence of Saudi-bound drug
traffickers to carry on anyway is the height of recklessness.
Now, while the federal government should improve its anti-drug trafficking
measures, it’s equally important to tackle the crimes being perpetrated by some
particularly callous drug traffickers said to be operating at the Mallam Aminu
Kano International Airport (MAKIA), where they take advantage of some
unsuspecting Saudi-bound Umrah or Hajj travellers to plant drugs in their
luggage hoping they wouldn’t attract exhaustive scrutiny at the Saudi airports
in view of their unassuming appearance and apparent innocence. Though a few
victims have been saved from the Saudi sword, thanks partly to the efforts of
the Nigerian Consulate-General in Jeddah, others are still out there
languishing in the misery of fear and constant uncertainty.
(source: dailytrust.com.ng)
*************************
Saudi yet to free hundreds of Indian prisoners
The confirmation comes weeks after the Kingdom executed 2 Indians accused of
murder
Saudi Arabia is yet to free hundreds of Indian prisoners languishing in its
jails, sources said on Thursday. The confirmation came weeks after the Kingdom
executed 2 Indians accused of murder.
“The Kingdom is in the midst of a process and after its completion, a royal
decree will be issued that will set the Indian prisoners free,” said a source.
The decision to free a part of the Indians in Saudi jails was conveyed to New
Delhi during the visit of Crown Prince Mohammed Bin Salman in February. At the
end of the visit, the dignitary had taken a decision to free 850 Indians in
Saudi prisons. However, within days, the 2 men from Punjab were given the
capital punishment, an RTI inquiry has revealed.
Saudi Arabia had announced a similar move of amnesty for Pakistani prisoners
serving sentences in the Kingdom.
Riyadh executed Satwinder Kumar of Hoshiarpur and Harjeet Singh of Ludhiana,
accused of murdering a fellow Indian.
Sources said the Indian embassy was allowed consular access to the men though
the Saudis did not keep the Indian side informed of all the decisions regarding
the case. The beheadings have drawn strong response from Punjab Chief Minister
Amarinder Singh who termed them “barbaric” and accused the government of
inadequate response.
(source: thehindu.com)
IRAN----executions
3 Men Hanged at Ilam Prison
3 prisoners were executed for murder charges at Iranian western city of Ilam’s
Central Prison yesterday.
According to Rokna, on the morning of Thursday, April 18, 3 prisoners were
executed at Ilam prison. All were sentenced to death for murder charges. More
details have not been revealed by Iranian authorities or media so far.
According to the Iran Human Rights statistic department, the majority of
executions in 2017 and 2018 in Iran was for murder charges. At least 188
prisoners were executed for murder charges in 2018. Only 33% of executions were
announced by Iranian authorities in 2018.
There is a lack of a classification of murder by degree in Iran which results
in issuing a death sentence for any kind of murder regardless of intensity and
intent.
**********************
Man Hanged at Zanjan Prison
A prisoner was hanged for murder charges at Zanjan prison last Tuesday.
According to IHR sources, Hedayat Mehrabi, 37, was hanged for murder charges on
the morning of April 19. A well-informed source told IHR, “Hedayat was arrested
around five years ago in the city of Kermanshah for murder a person. He was
sentenced to death and the verdict was upheld by the Supreme Court around 2
years ago.”
The aforementioned execution has not been reported by Iranian media so far.
According to the Iran Human Rights statistic department, the majority of
executions in 2017 and 2018 in Iran was for murder charges. At least 188
prisoners were executed for murder charges in 2018. Only 33% of executions were
announced by Iranian authorities in 2018.
There is a lack of a classification of murder by degree in Iran which results
in issuing a death sentence for any kind of murder regardless of intensity and
intent. (source: Iran Human Rights)
BRUNEI:
Brunei defends death to gays law, claiming executions will be rare
Brunei has issued a letter defending its new policy imposing the death penalty
for gay sex, claiming executions will be rare.
The country issued a formal letter ahead of a European Union debate on whether
the country’s harsh new penal code violates human rights standards.
Homosexuality was already illegal in the country, but the Sharia penal code
introduces the death penalty for gay sex and adultery, while lesbian sex is
punished with whipping.
However, in the April 15 letter, Brunei’s Mission to the European Union claims
that “there appears to be a misconception” about the penal code.
The letter claims: “The criminalisation of adultery and sodomy is to safeguard
the sanctity of family lineage and marriage of individual Muslims, particularly
women.
“The offences, therefore will not apply to non-Muslims unless the act of
adultery or sodomy is committed with a Muslim.”
It adds that the death penalty has an “extremely high evidentiary threshold (…)
to the extent that convictions may solely rest on confessions of the offender.”
It adds that the punishment of whipping will be conducted with “moderate
force.”
The letter goes on to claim that the penal code’s provisions are “not man-made
laws but are ordained by Allah,” adding that they are “not to be misunderstood
as any kind of radicalisation.”
The country claims it “reaffirms its commitment to its international
obligations in promoting and protecting human rights as enshrined in the
Charter of the United Nations and the Universal Declaration of Human Rights,”
adding: “As a responsible member of the international community, [Brunei] will
continue to uphold its obligations and adhere to international covenants on
human rights.”
The letter did not assuage MEPs, who voted in favour of a resolution on
Thursday (April 18) that strongly condemns the Sultan of Brunei for human
rights violations.
MEP Marietje Schaake said: “The ferocious corporal punishments that have been
introduced in Brunei, like punishing gay sex with death by stoning, are
repugnant and go against all international human rights legislation.
“Capital punishment could even be imposed on children. We, as Europe, have to
respond unitedly.”
The resolution threatens Europe-wide sanctions against Brunei over the law.
Schaake added: “With European measures such as a travel ban and the freezing of
financial assets, aimed at the Sultan himself, we [can] really put him under
pressure. We also want to blacklist the hotels of the Brunei Investment Agency,
owned by the Sultan.”
“It’s time for European leaders to speak out loud, clear and with one voice
about the situation in which the citizens of Brunei find themselves. We have to
take action now, to show that we stand up for LGBTI people worldwide, and to
prevent people from getting hurt.”
Sultan of Brunei stripped of honorary titles over ‘death to gays’ law
In the UK, several honours previously awarded to the Sultan of Brunei Hassanal
Bolkiah have been placed under review.
On Wednesday (April 17), the University of Aberdeen announced it had revoked an
honorary degree given to the sultan in an “unprecedented” decision.
The Royal College of General Practitioners (RCGP) also unanimously agreed to
revoke an honour given to the sultan, and said it would also rename the Brunei
Auditorium at its London headquarters.
King’s College London and the University of Oxford have both also said they
will review honorary degrees given to the Commonwealth country’s leader.
“We will reconsider this decision through our established process in light of
the information now available, as other British Universities are doing,” reads
the statement from the University of Oxford.
“At no point has the University declined to reconsider this decision.”
King’s College London said: “King’s is very proud of our diverse community. We
take very seriously the concerns raised by our community regarding the honorary
degree held by the Sultan of Brunei which was awarded in 2011.
“President & Principal Ed Byrne shares these concerns, and given recent
developments has asked the university’s Fellowships and Honorary Degrees
Committee to urgently review the award.”
(source: pinknews.co.uk)
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