[Deathpenalty] death penalty news----worldwide
Rick Halperin
rhalperi at smu.edu
Sun Dec 14 12:01:12 CST 2014
Dec. 14
IRAQ:
Death Sentences for Political Rivals----High-Profile Cases Highlight Need for
Judicial Reform
Iraq's prime minister should order stays of execution for one rival of former
Prime Minister Nuri al-Maliki and an associate of another. The death sentences
were handed down after trials in which both defendants alleged they had been
subjected to torture and denied access to lawyers during interrogation,
highlighting Iraq's urgent need for judicial reform.
On October 22, 2014, Baghdad???s Central Criminal Court sentenced Rasha
al-Husseini, a secretary to former Vice President Tariq al-Hashimi, to death on
terrorism charges. The court???s judgment appears to be based entirely on
al-Husseini???s confession. Her lawyers allege that security forces
psychologically and physically tortured her. On November 23, the same court
sentenced Ahmed al-Alwani, a former parliament member, to death on murder
charges. Family members told Human Rights Watch they saw torture marks on him
before his trial.
"Iraq's judiciary is still handing down convictions in politicized trials,
fraught with legal irregularities," said Joe Stork, deputy Middle East and
North Africa director. "Despite promises of reform, the government is sitting
idly by while Iraq's terribly flawed justice system sentences people to death
on little or no evidence."
Security forces arrested al-Husseini and about a dozen other Hashimi staff
members in late December 2011. In March 2012, Human Rights Watch reported
evidence that several of them had been tortured. One, a bodyguard named Amir
Sarbut Zaidan al-Batawi, died about three months after his arrest. His body
displayed signs of torture, including in several sensitive areas. The
government denied the torture allegations and did not investigate.
Al-Husseini's family told Human Rights Watch that they had complained to the
office of Iraq's president and prime minister about irregularities in her case,
including allegations that to force her confession, security forces at the
Intelligence Directorate in the Baladiyat neighborhood of Baghdad tortured her
with electric shocks, beat her, suspended her from the ceiling, and threatened
to rape her, her sisters, and her mother. Rather than investigate the
allegations, both offices told the family that the legal system would take care
of the case, the family members said. Al-Husseini is in the Kadhimiyya
detention facility, awaiting transfer to death row.
Family members said they were only able to visit al-Husseini in detention after
paying US$500 to security officers at each visit. Lawyers representing
al-Husseini told Human Rights Watch that she told them security officers
promised her that if she fabricated information about the former vice
president's alleged terrorist activities, they would release her.
The Iraqi government should investigate the allegations that security forces
tortured al-Husseini to coerce her confession, hold accountable security forces
suspected of torture, and order a retrial for al-Husseini if such abuses are
found, Human Rights Watch said.
On November 25, 2014, the Inter-Parliamentary Union (IPU), the international
organization of parliaments, released a report calling on Iraqi authorities to
provide information on the al-Alwani case and on al-Alwani's current
whereabouts, which the government has not revealed. The report expressed doubt
about whether his trial complied with basic due process requirements and fair
trial guarantees given the lack of available information on the proceedings. A
lawyer for al-Alwani told Human Rights Watch that he was not permitted to see
al-Alwani until after security forces had already interrogated him, but would
not provide any other details on his detention, interrogation, or trial.
Al-Alwani was charged with murder after security forces stormed his Ramadi
compound on December 28, 2013, and fired on him and his family. Security forces
alleged that al-Alwani forfeited his parliamentary immunity by firing back at
them, killing 2 soldiers. Al-Alwani denied the charges.
Relatives told Human Rights Watch that security forces required bribes to allow
them to visit al-Alwani at the Muthanna Airport Prison by the Counter-Terrorism
Service, where he was held. During their visit they saw torture marks on his
body, they said. Security forces killed al-Alwani's brother and 5 of his
bodyguards during the raid. There has been no investigation into the killings
or into allegations that security forces tortured al-Alwani, relatives said.
Iraq's new prime minister, Hayder al-Abadi, has announced reforms aimed at
curbing security force abuses and promised to incorporate the Sunni minority
into the fight against the Islamic State (also known as ISIS). Sunnis have long
complained that security forces and the judiciary unfairly target them for
abuse.
In a December 9, 2014 interview, Human Rights Minister Mohamed al-Bayati
defended Iraq's use of the death penalty in alleged terrorism cases despite the
serious fair trial deficiencies Human Rights Watch documented. They include
death penalty cases in which the conviction was based on confessions obtained
through torture and secret informant testimony.
International human rights law requires that where the death penalty has not
been abolished, it should be imposed only for the most serious crimes and after
scrupulous adherence to international fair trial standards. Trials in Iraq
often violate these minimum guarantees, Human Rights Watch said.
Human Rights Watch opposes capital punishment in all circumstances because of
its cruelty and finality, and the fact that trials resulting in death sentences
are plagued with arbitrariness, prejudice, and error.
The Iraqi government should order a stay on the executions of al-Husseini and
al-Alwani until their allegations of abuse during interrogations have been
fully investigated.
"Prime Minister Abadi has promised reform, a positive move," Stork said. "But
he needs to address the widespread abuses and irregularities in a judicial
system that routinely fails to address allegations of torture and fair trial
violations."
(source: Human Rights Watch)
MALAYSIA:
'Mandatory death sentence takes away more than life'
The mandatory death sentence takes away more than just a life, it robs every
shred of hope for those convicted.
Criminal lawyer Amer Hamzah Arshad said the mandatory death penalty which is
served in Malaysia are for offences such as murder, drug trafficking and
kidnapping which, unfortunately, are plenty.
"At the investigation stage, the families of the suspect are so desperate to
save a life that they become victims of unscrupulous individuals who exploit
and exhort them by promising to get the charges reduced for a huge sum of
money," he said at the recently concluded death penalty forum 2014.
He added that this scenario is why 80% of such cases did not make it to court.
"Besides that, there are also issues such as corrupted police witnesses who lie
in court, individuals who fabricate or withhold critical evidence, use
underhanded tactics to secure an involuntary admission and others who exploit
legal loopholes all in the name of prosecuting a suspect."
"In the criminal court, if custody or control of drugs can be established, it
is pre assumed that the suspect had knowledge of the crime and will be
prosecuted accordingly. There is no room for circumstances."
Amer commended Singapore's positive step towards drug trafficking by making the
death sentence discretionary instead of mandatory.
"If a mistake has been made and the death penalty has been carried out, how
does one raise the dead?" he asked.
He proposed imprisonment for life to replace the death penalty as it would give
the suspect an opportunity to turn over a new leaf and if new evidence is
unearthed, the suspect could be released and given a new lease on life.
"We should not be so quick to decide matters pertaining to lives because we
have no right to play God," he stressed.
Amer also spoke about the psychological impact the sentence has on death row
inmates, adding that he has seen even tempered individuals turn violent as they
struggle to accept the sentence handed out to them.
"The death sentence takes away all hope as they see the end of their lives
before them."
Meanwhile, Amnesty International campaigner Gwee Lee said Malaysia voted
against the resolution of the Global Moratorium on Death Penalty recently at
the United Nations General Assembly 2014.
She said the number of countries global wide which are against the death
penalty have been increasing over the years but Malaysia is not one of them.
She added that as of last year, 22 countries still practised the death penalty
and a total of 778 executions were carried out, excluding China where details
of executions are a State secret.
"A huge majority of the executions are from Iran, Iraq and Saudi Arabia for
offences such as blasphemy, adultery, drug offences and others. In North Korea,
the death sentence is served for offences like watching banned videos,
corruption and pornography".
She emphasised that the death penalty is cruel and infringed on the basis of
human rights which is the right to live.
She was speaking at the Forum on Death Penalty in Malaysia organised by Hakam
in conjunction with Human Rights Week (Dec 8-12), Co organizer of the forum,
Andrew Choo said Malaysia's blanket of secrecy on the number of executions in
the country made it difficult to gauge the situation.
"We do not know how many people are on the death row or how many people have
been executed. The government is tight lipped about the matter and we can only
broach the subject in Parliament. We hope forums like this will provide a
platform where people can share their opinions and experiences on the mandatory
death penalty and also raise awareness," said Andrew who is also the Co
chairman of Human Rights Committee.
(source: The Sun Daily)
*******************
Sydney woman Maria Elvira Pinto Exposto faces death penalty after being
allegedly caught with 1.5kg of ice at Kuala Lumpur's International Airport
An Australian grandmother says she was set up and is the innocent victim of
drug mules as she faces the death penalty after being allegedly caught with
methamphetamine in Malaysia.
Maria Elvira Pinto Exposto, 51, from Liverpool in south-western Sydney, could
be hanged for allegedly moving 1.5kg of methamphetamine - more commonly known
as ice - through Kuala Lumpur's International Airport last week.
Mrs Pinto Exposto was travelling on Malaysia Airlines Flight 387 en route from
Shanghai to Kuala Lumpur where it stopped over and was scheduled to continue
through to Melbourne.
Her legal team said she had in her possession a bag of documents she had
collected from Shanghai.
It is claimed the documents were for her fiancee - an American soldier serving
in Afghanistan - and related to his impending retirement.
When inspected by Malaysian customs staff, the backpack was allegedly found to
contain men's clothing, which her lawyers say did not belong to her, and drugs
in a specially stitched compartment.
The Australian High Commission has engaged high-profile Malaysian lawyer,
Muhammad Shafee Abdullah and Sydney-born Tania Scivetti to represent Mrs Pinto
Exposto.
Mr Shafee said his client volunteered her bags to customs officials at the
airport before they discovered the drugs.
"There is a very strong chance that she is one of those naive and innocent
mules that has been used by some unscrupulous people - she doesn't seem to know
what is going on," Mr Shafee said.
The legal team has previously saved the lives of 2 Australians charged with
drug offences.
Victorian mother-of-8 Emma L'Auguille spent 115 days in a Malaysian prison
after police charged her with drug trafficking.
She was set free in 2012.
After a 2 year legal saga, Perth man Dominic Bird also had his charges dropped
after he was accused of selling 167g of ice to an undercover policeman.
Malaysia has a hard line approach to drugs and implemented the death penalty
for such offences in 1983.
Anyone caught carrying more than 50g of a drug is considered a trafficker and
can be sent to the gallows.
2 Australians, Kevin Barlow and Brian Chambers, were executed in 1986 after
they were caught with 141.9 grams of heroin on the island of Penang.
The case comes just 1 week after Australian woman Kalynda Davis, 22, and her
travelling partner, New Zealand national Peter Gardner, 25, were held in China
on suspicion of smuggling ice.
Ms Davis has since returned home to Sydney, but Mr Gardner has been held in
detention for more than 5 weeks and his fate was expected to be determined
yesterday.
There are allegations he was involved in a drug-smuggling plot which Ms Davis
knew nothing about.
Ms Pinto Exposto was remanded in custody and is likely to be charged at her
next court appearance scheduled in Kuala Lumpur on Friday.
(source: The News)
INDIA:
HC upholds death penalty to acid attack accused
Madhya Pradesh high court upheld the capital punishment awarded to a man by
sessions court for throwing acid on 28-year-old woman in Morena, who succumbed
to acid burns in few hours.
Gwalior bench of MPHC on Friday dismissed the appeal filed by Yogendra Tomar
against the verdict of additional sessions judge.
A local court in Morena had on July 24 sentenced Tomar to death. 3 others,
including 2 cousins and grandmother of the woman sustained injuries in an acid
attack that took place in district's Porsa village on July 21, 2013.
Sessions court ruled accused Yogendra Singh Tomar should get harshest
punishment for acid attack because it fell into the "rarest of rare" category
under Indian law. "To be hanged till death," upper sessions judge P C Gupta had
ordered.
On July 21, 2013 deceased Rubi Gupta was at her parents' house in Porsa town
when Tomar, a resident of Ambah, knocked the doors and entered the house and
threw acid on the woman. Rubi was badly injured in the attack. When the
victim's cousins and grandmother offered resistance, Tomar threw acid on them
too before fleeing. All 4 were rushed to the district hospital where Rubi
succumbed.
1 of the cousins lost sight. Investigations revealed Tomar was a jilted lover
and took revenge. Officials said Tomar had an affair with the victim in the
past.
Police said Rubi, who had recently separated from her husband Sanju Gupta after
10 years of married life, had allegedly entered into a relationship with Tomar,
also a married man. Rubi filed a divorce case against her husband three years
ago and was living at her uncle's house in Agra. However, Tomar was
pressurising her to stay with him.
Tomar started harassing her after a break-up. Month before the incident, Tomar
convinced Rubi to come to her parental house in Porsa village to discuss and
resolve the matter. She believed him and came to her mother's house.
A case was registered against Tomar on the basis of statements given by the
victim's grandmother. She informed police that Tomar was harassing her for the
last one year.
(source: The Times of India)
UNITED KINGDOM/IRAN:
UK foreign aid millions helped Iran hang 3,000... including women and children:
Shocking report reveals how drugs war cash funded reign of terror
British aid has assisted the brutal execution of nearly 3,000 people accused of
drug smuggling in Iran, according to a report to be released this week. The
campaign group Reprieve says millions of pounds from British taxpayers can be
linked to 'control' operations and hangings carried out by the hard-line
Islamic regime.
Those killed - often in public, suspended from cranes after forced confessions,
torture and secret trials - include women, children and political dissidents.
Human rights groups say the deaths are designed to spread fear rather than curb
the drug trade.
Reprieve's research reveals Britain channelled more money to Iran than the rest
of Europe combined, in an effort to fight the drugs trade.
Yet Iran has the world's highest per capita execution rate, despite the UK's
public stance of seeking the death penalty's abolition around the globe.
Britain's support was quietly stopped amid outrage that it was boosting Iran's
security machine, but Reprieve believes scores more people sentenced to death
still face execution thanks to British aid already received.
And it points out that millions still flow to similar operations in
neighbouring Pakistan, which has the world's largest death row population.
Several Britons, including 1 mother and a man with learning difficulties, face
execution for alleged drug crimes.
'You look at those on death row in these 2 places and they are never the cartel
kingpins but the poorest and most vulnerable, including children and people who
are mentally ill or have learning difficulties,' said Maya Foa, Reprieve's lead
investigator.
'It is utterly hypocritical of Britain to call for worldwide abolition of the
death penalty and then support policies in breach of its own human rights rules
that encourage the round-up and execution of scapegoats and mules.'
Such policies fly in the face of the Coalition's defence of its controversial
11 billion pounds of aid handouts on the grounds of a 'moral obligation' to
help the world's poorest people.
Reprieve's report - European Aid For Executions - reveals Britain gave nearly 6
million pounds to 12 Iranian anti-drug projects between 1998 and 2012. During
this period there were 2,917 confirmed executions of alleged offenders. They
included a 15-year-old boy and a Dutch woman who joined anti-government
protests.
The cash provided Iran's feared security forces with border posts, 1,000
bullet-proof vests, night-vision devices, body scanners, satellite phones,
computer software, sniffer dogs and specialised surveillance vehicles. It was
channelled through the United Nations Office On Drugs And Crime, whose director
has praised Iran's 'good practices' and 'active role' in fighting drugs.
One flagship project co-funded by Britain was the creation of 'border liaison
offices' beside Afghanistan.
Among those subsequently caught was 15-year-old Naeem Kolbali, hanged for
alleged drug trafficking although executions of juveniles breach international
law. 16 more children were put to death in another Iranian border project.
War orphans are often forced to carry drugs such as heroin and crystal meth
between the 2 countries. Reports suggest some are sentenced to death without
appearing in court.
Jannat Mir, a 15-year-old Afghan schoolboy hanged in April, was denied access
to lawyers.
The number of executions has been rising in Iran, with 647 known to have taken
place this year - the majority for drug offences. Human rights group Amnesty
has accused the country of carrying out a 'killing spree of staggering
proportions' under cover of the war on drugs.
Many hangings are carried out in public, although one notorious prison has a
beam that can hold 60 nooses and once recorded 89 deaths in a single day. Those
facing accusations have complained of beatings, torture and mock executions to
force confessions.
Iran has a massive drugs problem, with more than 1 million addicts amid soaring
opium production in neighbouring Afghanistan.
But Reprieve says donors setting targets for aid encourage an increase in
often-dubious convictions and subsequent death sentences. Cases such as that of
Zahra Bahrami, a British resident with dual Dutch-Iranian nationality, also
fuel fears the regime uses the drugs war to clamp down on political dissent.
Bahrami returned to Iran for her daughter's cancer treatment and was then
arrested after joining anti-government protests. She was tortured, held in
solitary confinement, charged with smuggling and forced to make a televised
confession before execution in January 2011. 'If they execute people for drugs
there is no international outcry,' said Mahmood Amiry-Moghaddam, a professor of
medicine and leading Iranian human rights activist.
'They are victims of an execution machine that is meant to spread fear. The
number of executions goes up when the authorities face protests or civil
society becomes too bold, then goes down during elections and when the
international community has its eyes on Iran.'
Britain finally cut off its aid 3 years ago following concerns in some other
European countries over Iran's increasing use of death sentences. 'The
donations are leading to executions,' said one Danish minister after his
country evaluated the projects.
But Reprieve accuses the Coalition of pouring money into similar programmes in
Pakistan, which has more than 8,000 people on death row. Britain is one of the
biggest aid donors to Pakistan despite concerns over corruption. Almost 13
million pounds has been handed to 22 counter-narcotic projects - again, far
more than given by other European nations.
A Pakistan minister disclosed earlier this year that 100 prisoners had been
given death sentences for drug offences since 1997, including 5 British men and
1 woman. Another 444 cases punishable by death were outstanding.
Those on death row include Arshad Ahmed, 52, a father of 5 from Birmingham who
has learning difficulties. He was arrested in 2003 for possession of heroin
worth 4 million pounds after he carried locked luggage on to a flight to
Britain.
Lawyers say his disability was ignored while there was no investigation into
the men who gave him the bags. The same gang is thought to be behind the
smuggling of 140lb of heroin by Birmingham mother-of-three Khadija Shah. She
was given a life sentence in March.
Although there have been no hangings in Pakistan for 6 years, they are expected
to resume next year. 'The government has in principle decided to lift the
moratorium,' said one official in Islamabad.
A Foreign Office spokesman said the UK worked closely with partners to tackle
drug trafficking and production: 'We have a robust mechanism for identifying
and managing the potential risks of our actions in relation to supply.'
He added that Britain was implacably opposed to the death penalty 'in all
circumstances' and was concerned by suggestions that executions might resume in
Pakistan.
(source: Daily Mail)
CHINA/NEW ZEALAND:
Kiwi to find out China death row fate
Kiwi builder Peter Gardner's chances of avoiding the death penalty in China
have rapidly deteriorated with local customs officials revealing that they
believe he was the owner of 2 pieces of luggage stuffed with 30 kilograms of
methamphetamine.
Today marks D-Day for the 25-year-old as it is his 37th day in detention, the
longest Chinese authorities can keep a person without releasing them or
charging them.
However, shocking details provided to The Sun-Herald newspaper indicate that
customs officials believe Gardner was involved in a drug-smuggling plot and his
Australian travelling partner, 22-year-old Kalynda Davis, had no knowledge or
involvement.
Guangzhou Customs said that Gardner, a NZ-Australian dual national from
Sydney's north-west, was the owner of 2 drug-filled bags checked in to Flight
CZ325 from Guangzhou to Sydney.
The zippers were sealed with super glue and, when they were prised open in an
interrogation room at Baiyun Airport, officials said they found 60
vacuum-sealed bags of suspicious particles, later proven to be 30kg of the drug
- the largest single haul of meth headed overseas ever seized by Guangzhou
customs.
Guangzhou Customs also revealed it had caught another Australian national
attempting to smuggle drugs out of China just this month - the 11th Australian
caught in similar circumstances this year ??? underlining the thriving drug
trade between southern China and Australia.
The Department of Foreign Affairs and Trade (DFAT) is understood to be
providing ongoing consular assistance to as many as nine Australians on serious
drug charges in China, some of whom are potentially facing the death penalty.
Gardner and Davis, who booked tickets to travel to Guangzhou for just 3 days,
were pulled aside at 9.55pm on November 8 after officials detected
irregularities with two pieces of luggage they checked in.
In a move that has raised many unanswered questions, Davis was abruptly
released 30 days later and returned home to Sydney this week with her elated
parents Larry and Jenny.
"After investigation, it was discovered that this drug trafficking was operated
by (Gardiner)," Guangzhou Customs said.
"There was no evidence that shows (Davis) had any subjective intention to take
part in this drug trafficking crime and she has been released back to Australia
now."
Under Chinese law, police can detain those suspected of serious crimes for 30
days without charge, after which prosecutors can decide within seven days
whether to indict.
Gardner's family have not flown to China and he remains in a Guangzhou
detention centre awaiting his fate. They declined to comment on the case.
Former school friends described Gardner as a gentle, friendly guy. He has an
unblemished criminal record in New South Wales apart from a drink driving
charge.
"He is a really great guy, really caring, nice and softly spoken, I guess he
just got tangled in a bad way of life," said one friend from Richmond High
School.
"Every time I talked to him he was always genuine and never seemed like he
would get involved in that."
A qualified builder, Gardner was born in New Zealand but grew up in Sydney. The
New Zealand government has taken charge of his case, indicating that he entered
China on his New Zealand passport.
A spokeswoman for the New Zealand Ministry of Foreign Affairs and Trade said
they had visited Gardner in the detention centre to provide consular advice and
check on his wellbeing.
"He remains in custody and has legal representation," the spokeswoman said.
"The Ministry cannot comment on the ongoing investigation or interfere in the
judicial proceedings of another country."
(source: Fairfax News)
INDONESIA:
Never Could Say Good-Bye ---- Joko Widodo Warns Death Row Narcotic Offender to
Expect No Mercy from the Office of the President
Further clarifying his no-nonsense stand on narcotics and lack of mercy for
those in prison and awaiting execution for drug offenses, Indonesian President
Joko Widodo has declared that the Nation is "in a state of emergency over drug"
and is of no mind to pardon drug convicts sitting on death row.
Quoted by the State News Agency Antara, President Widodo, speaking at Gadjah
Mada University in Yogyakarta said, "Nearly 40-50 Indonesians die every day due
to drug consumption." The President said an estimated 4.5 million people in
Indonesia are addicted to drugs with at least 1.2 million beyond treatment due
to their state of health.
In the same speech, President Widodo confirmed that he has 64 applications for
clemency on his desk from convicts on death row who have exhausted the legal
appeal process.
Included in this total, are a number of foreign national, including at least 3
in Bali - Andrew Chan and Myuran Sukumaran from the "Bali 9," and British
Grandmother Lindsay Sandforth.
Removing any hope that foreigners might be treated differently in the macabre
parading of people before the firing squad, the President said, "I do not
pardon any of them," adding that his refusal to compromise his hard stance
against drugs can serve as a shock therapy to the international community of
narcotics suppliers.
In addition to the 64 sentenced to death for their involvement with narcotics,
another 72 people have been sentenced to death for crimes ranging from homicide
to terrorism.
5 convicts - 2 of them Nigerians - are expected to be executed before the end
of 2014.
(source: Bali Discovery)
SYRIA:
Islamic State beheads four men for blasphemy in Syria: monitor
Islamic State's self-declared police force in western Syria decapitated 4 men
after accusing them of blasphemy, a rights group monitoring the Syrian conflict
said on Saturday.
The men were beheaded in the countryside east of the city of Homs by the
militant group's "Islamic Police", the British-based Syrian Observatory for
Human Rights said.
The Observatory, which monitors the conflict using sources on the ground,
reported a similar killing on Tuesday, when Islamic State beheaded a man in a
town square in the north of the country.
Residents and activists say Islamic State has beheaded and stoned to death many
people in areas it controls in Syria and Iraq for actions they see as violating
their reading of Islamic law, such as adultery, homosexuality, stealing and
blasphemy.
They have also killed rival fighters by similar methods off the battlefield and
have set up patrols to police public behavior in their bid to establish a
caliphate.
The Observatory also reported on Saturday that Islamic State had stoned a man
and a woman to death for adultery in Manbij town in northern Syria after Friday
prayers.
The group, which is the target of U.S.-led air strikes in both countries, has
also killed a smaller number of foreign captives.
The Observatory said last month that Islamic State had killed 1,432 Syrians off
the battlefield since the end of June when it declared a caliphate in the
territory under its control.
(source: Reuters)
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