[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Nov. 4


INDONESIA:

Police arrest 2 more suspects over murder of Australian businessman Robert 
Ellis in Bali


Police have arrested 2 more of the suspects in the grisly Bali murder of 
Australian businessman Robert Ellis after a dramatic 2-hour chase during which 
the suspects were both shot in the leg after firing poison arrows at police.

The drama unfolded early Tuesday on southwest Sumba, an island east of Bali. 
Both men were last night due to be brought to Bali for further questioning.

The arrests bring to 6 the number of suspects now arrested over the killing of 
60-year-old Mr Ellis, whose throat was slashed in the kitchen of his Sanur 
villa and his body, wrapped in plastic, dumped in a ride paddy ditch.

His Indonesian wife, Noor Ellis, is accused of paying the killers, including 
the 2 new arrests, a total of $A14,200 to have her husband of 25 years killed. 
She denies the claim and says that she only asked for the men to give him a 
stern talking to but with no injuries.

Mr Ellis was killed in his home on October 19.

Bali police spokesman Hery Wiyanto said the 2 men arrested were aged 24.

Acting on information that the 2 were hiding out in the home of a friend in the 
village of Ate Dalo village, in southwest Sumba, police closed in on the house 
about 3am on Tuesday. There was a commotion, dogs were barking and the suspects 
escaped into the forest.

Mr Wiyanto said police chased the men for 2 hours, finally tracking them down 
about 5am. He said it was alleged the men tried to attack police with poison 
arrows and machetes and were both shot in the leg by police. No police were 
injured in the pursuit.

"We have arrested 2 more suspects in the murder case of Robert Kevin Ellis. 
They are identified as UB or UR, 24 and YN or DN, 24," Mr Wiyanto said. Their 
full names have yet to be released.

Another man, 23-year-old Adrianus Ngongo, has already been arrested. He is the 
boyfriend of one of the Ellis' housemaids. Both the housemaids are also under 
arrest, accused of helping to keep the couple's dog quiet during the murder and 
cleaning up afterwards. Police allege they, along with the killers and Noor 
Ellis, were all present when the body was dumped about 25km away from their 
villa.

The Ellis' 2 sons, Peter and John, who live in Perth, visited Bali last week 
and held an emotional meeting with their mother at the villa. They then went 
onto New Zealand, along with their father's body, for a funeral.

Photographs of Mrs Ellis with her 2 sons were taken inside the villa during the 
meeting and later circulated in the media.

The family at the time paid tribute to a "loving and devoted father, 
grandfather, brother, son and husband".

"His loss leaves a hole in the lives of everyone he touched. His work in 
business created jobs for thousands of Indonesians. He was a good and 
honourable man. His integrity, generosity and spirit is evidenced by the way 
the business community both expat and Indonesian have rallied to support us and 
pay their respects," the family said in a statement.

And they vowed to be "relentless in seeking answers and justice" in regard to 
Mr Ellis' murder.

There have been claims and counterclaims about the state of the Ellis' marriage 
since the tragedy. Mrs Ellis claims that she twice tried to divorce Mr Ellis 
but he begged her to stay with him.

Police say they are pursuing the case as one of premeditated murder, which 
carries the death penalty in Indonesia.

The murder weapon, believed to be a knife, has not yet been found.

(source: The News)


CHINA:

73% back death penalty in graft cases


There is an overwhelming support for death penalty in corruption cases, 
according to an online survey conducted by Social Survey Center of China Youth 
Daily on Nov 4, 2014.

It claims that 73.2 % of 2,105 respondents think that the death sentence should 
continue to be applied in graft cases.

A draft amendment to the Criminal Law, which was submitted on Oct 27 to the 
Standing Committee of the National People's Congress for a first reading, made 
revision to some anti-graft articles, including embezzlement and bribery.

This draft mulls scrapping the death penalty for 9 crimes following the last 
draft which had abolished the punishment for 13 crimes.

It is natural that China would remove death penalty after the country joins 
related international organizations, the report quoted Che Hao, associate 
professor at Peking University Law School, as saying.

The crimes that no more carry the death sentence are mainly economic and 
nonviolent in nature. "But the abolishment of death penalty is not only a legal 
issue but also a political case," Che said.

Considering the ongoing anti-graft campaign and people's high expectations, it 
would be prudent to keep the death sentence for corruption cases, he added.

(source: ECNS.com)






KENYA:

Former Runda Night Guard Gets Death Penalty For Murder


The High court in Nairobi has today sentenced a former night guard to death for 
defiling and strangling a 6 year old girl who resided in the neighboring house 
from where he worked in Runda Estate.

While delivering the ruling, Justice Nicholas Ombija said that the 34 year old 
man Bernard Wamuti Kamau is to suffer death sentence as prescribed by the 
Kenyan law.

Justice Ombija further pointed out that the prosecution had proved beyond 
reasonable doubt that on January 5th 2009, Wamuti who worked as a watchman in 
Runda estate had defiled and strangled the 6 year old girl.

The body of the deceased was discovered in a coffee plantation at Kiramara 
Estate in Kiambu County.

(source: Citizen News)






INDIA/SRI LANKA:

Vaiko protests death penalty to Tamil fishermen, blames NDA government


Workers of the Marumalarchi Dravida Munnetra Kazhagam led by general secretary 
Vaiko held massive protests in Chennai on Tuesday against the death sentence 
awarded to five Tamil Nadu fishermen by Sri Lankan court.

Vaiko, who is an ally of the BJP, also lashed out at the central government for 
inviting Sri Lanka President Mahinda Rajapaksa to the searing-in ceremony of 
Prime Minister Narendra Modi. Speaking to CNN-IBN, he said, "I blame NDA 
government for giving Rajapaksa, the killers of Tamil, a red carpet welcome. 
NDA is following same policies as the previous UPA government on the Sri Lankan 
Tamils issue. I am still part of the NDA. I will wait for them to rectify their 
mistakes."

He has demanded an early release for all the fishermen.

On October 30, the Colombo High Court sentenced to death the 5 fishermen on 
charges of allegedly smuggling heroin into Sri Lanka. They were arrested by the 
Sri Lankan Navy in November 2011.

India has, however, categorically said that the five are innocent. Soon after 
the judgement, spokesperson of External Affairs Ministry, Syed Akbaruddin said 
the government would appeal against the ruling. He also said that India is in 
touch with Lankan authorities on the issue.

The Colombo verdict outraged fishermen communities, the political parties and 
the civil society. Protests were held by fishermen and political parties across 
Tamil Nadu. Ramanathapuram District in the State was paralysed for 2 days 
owning to protests.

(source: IBNlive.com)


BANGLADESH:

No review of verdict, says Attorney General


There is no provision to file a review petition over the Supreme Court's 
verdict that upheld the death sentence for Mohammad Kamaruzzaman, said Attorney 
General Mahbubey Alam.

The government and prison authorities will decide the date when the Al-Badr 
commander, in 1971, will be executed, he told reporters after the appeal 
verdict on Monday.

"I don't think there is a scope to file a review. The court rejected the review 
petition filed by (Abdul) Quader Molla. So there is no chance for that 
anymore."

When asked if Section 105 of the Constitution can provide a provision for the 
defence to seek a review, he said, "The trials are being held under special 
laws, protected by the Constitution. Section 105 did not apply to Quader Molla, 
and I will say the same in this case."

The section says the Appellate Division has the power to review any judgment 
pronounced by it.

Kamaruzzaman, Jamaat-e-Islami's assistant secretary general, moved the apex 
court on Jun 6 last year after he was handed the maximum penalty by the 
International Crimes Tribunal-2, which found him guilty of war crimes charges.

The 4-strong bench led by Justice Surendra Kumar Sinha upheld the tribunal's 
verdict on Monday after wrapping up his case on Sept 17.

(source: bdnews24.com)

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

Fresh death sentences show urgent need to end executions


Bangladesh must immediately impose a moratorium on executions as a first step 
towards abolition of the death penalty and ensure that political interference 
does not mar judicial processes, Amnesty International said after the 
confirmation of two fresh death sentences over 2 days.

Bangladesh's Supreme Court today upheld the death sentence against Mohammad 
Kamaruzzaman, a senior leader of the opposition Jamaat-e-Islami party. 
Kamaruzzaman was first sentenced to death in May 2013, on charges of 
involvement in killings, by the International Crimes Tribunal (ICT), a 
Bangladeshi court examining the events of the country's 1971 Independence War.

"The relentless push to impose death sentences in Bangladesh is deeply 
worrying. After a hiatus of 9 months since the last death sentence was 
announced, 3 more men have now been sentenced to the gallows in the space of 
less than a week," said Abbas Faiz, Amnesty International's Bangladesh 
Researcher.

"Far from bringing justice to the millions of victims of the Independence War 
and their family members, executions will only perpetuate a cycle of violence."

On Sunday 2 November, the ICT sentenced to death another Jamaat leader, Mir 
Quasem Ali. This followed a ruling last week, on 29 October, when the most 
senior Jamaat leader, Motiur Rahman Nizami, was also sentenced to death.

All of the ICT's 12 verdicts since it was established in 2009 have come against 
members of opposition parties, mainly individuals associated with 
Jamaat-e-Islami. Nine of these have been death sentences.

Following the Supreme Court's ruling in Kamaruzzaman's appeal, Bangladesh's 
Prime Minister, Sheikh Hasina said the death sentences would be carried out and 
the Attorney General said in media interviews that there would be no 
possibility of any other judicial remedy.

The Constitution guarantees the right of defendants to apply for a review of 
the judgment issued by the Supreme Court as the last avenue of appeal. But the 
Attorney General's statement against the possibility of any more reviews 
appears to undermine this right.

"The outcome of ICT proceedings have become intensely politicized. The 
government must not bow to political pressure from its supporters, but instead 
immediately commute all death sentences in the country and impose a moratorium 
on executions with a view to full abolition," said Abbas Faiz.

As of today, 140 countries have abolished the death penalty in law or practice. 
Bangladesh was one of only nine countries that carried out executions every 
year between 2009 and 2013.

Amnesty International opposes the death penalty in all cases without exception, 
regardless of the nature or circumstances of the crime; guilt, innocence or 
other characteristics of the individual; or the method used by the state to 
carry out the execution.

(source: Amnesty International)






MADAGASCAR:

Ravalomanana may face death penalty


Former Madagascar president Marc Ravalomanana could face the death penalty for 
violating Madagascar's airspace when he returned to the country from exile in 
South Africa on October 12.

His family heard he would be charged on Monday under a section of the 
Madagascar Penal Code for violating the country's airspace.

However, his son Tojo, who is in Madagascar, said on Monday night he had not 
appeared before the court in Antsirinana, in the far north of the island, as 
expected. He was trying to find out whether a new date had been set.

Ravalomanana's family has protested the reported charges as "insanity", 
repeating a call on the international community to intervene.

The family said in a statement that Malagasy media and foreign diplomats in 
Madagascar reported that Ravalomanana would be charged following a complaint 
lodged by the Civil Aviation Authority of Madagascar about his alleged 
"clandestine arrival" from South Africa on board a private aircraft at 
Antsirabe airport, about 140km south of the capital, Antananarivo, on October 
12.

The family said that a report on the Orange website in Madagascar 
(www.orange.mg) had stated: "It is alleged that if Mr Ravalomanana was indeed 
aboard an aircraft which did not have permission to land in Madagascar, article 
82, paragraph 3, of the Madagascar Penal Code could be applied and the former 
president could face the death penalty."

The website added that Malagasy authorities had also arrested Jean Marc Koumba, 
a former bodyguard of Ravalomanana, as well as 4 civil aviation employees from 
Antsirabe airport, as accomplices in his return to Madagascar.

Speaking for the family, human rights lawyer Brian Currin said: "What is being 
ignored is that Mr Ravalomanana has an absolute right to return to Madagascar 
immediately and unconditionally - and he has had that right since June 2011.

"It is enshrined in the SADC Roadmap to return Madagascar to constitutional 
normalcy, after the 2009 violent and illegal coup d'etat, which was condemned 
by the global community, forced Mr Ravalomanana to flee.

"They need to drop the charges, release Mr Ravalomanana immediately and start 
to negotiate with him. If they don't, the fragile peace on the island is at 
risk.

"It is time for the international community forcefully to stand up to the 
regime," Currin said, noting that a delegation from the Southern African 
Development Community was reportedly on its way to Madagascar.

He pointed out that Ravalomanana was being held at a military base.

(source: IOL news)






FRANCE:

France and the Death Penalty


Re "U.S. execution, European abolition" (Opinion, Nov. 4): Sylvie Kauffmann's 
article on the death penalty is very much written from a European perspective 
and misses a few points.

Many opinion polls indicate that, broadly speaking, there is not a huge 
difference in the popular view of the death penalty between France and the 
United States: When asked if the death penalty should be applied in 
particularly heinous cases, the positive responses are fairly similar. The big 
difference is that the question remains a major - and polarizing - political 
issue in the United States, while it is barely discussed in France. But it is a 
mistake to suggest that the French are unanimously against it.

Ms. Kauffmann also makes a mistake, frequent among Europeans, of viewing the 
death penalty as an "American" phenomenon, without taking into consideration 
its fundamentally regional character. Only a very small percentage of annual 
executions take place outside the states of the Old South. I doubt very much 
whether European views have had much effect in the United States.

Frederick T. Davis, Paris

The writer is an American lawyer and former federal prosecutor who practices 
law in France.

(source: Letter to the Editor, New York Times)


KUWAIT:

2 Kuwaitis get death penalty for killing fellow student----Judge hands down 
death penalty for torturing a Kuwaiti student to death


The Sharjah Sharia Court has sentenced to death 2 Kuwaiti students who tortured 
a fellow student to death in February last year.

A 3rd suspect connected to the case was fined Dh1,000 in absentia in relation 
to charges of covering up the crime and failing to report it to authorities.

Mubarak Mesha'al Mubarak, 19, died at University City Hospital in Sharjah on 
February 24, 2013, following several days of physical abuse, said police.The 
verdict was issued by Judge Hussain Al Assofi on Tuesday morning.

The Kuwaiti victim's family has asked the judge to give the duo the death 
sentence.

They told Gulf News they would never pardon the killers.

Salem Obaid Bin Sahoo, legal counsel representing the victim's family, told 
Gulf News that the victim's family had told him they wanted those responsible 
for their son's death to be given the death sentence.

The case opened at Sharjah Sharia Court on January 22 in closed session.

Rashid Al Omrani, Attorney-General of Sharjah Prosecution, told Gulf News 
earlier, "According to our investigations, we are submitting 3 charges against 
the suspects to the criminal court: deprivation of the victim's freedom, 
torture and premeditated murder."

The 2 suspects sentenced to death, Shaikh Y.H.S., a member of the Kuwaiti 
ruling family, and H.A., 18, are being held at Sharjah's Central Prison.

The 3rd suspect is missing.

Lawyers for the accused had asked the judge to summon witnesses in the case, 
including the man who filmed a video of the torture, and staff at the emergency 
section of University City Hospital in Sharjah, in addition to university 
cafeteria staff where the victim collapsed, Bin Sahoo told Gulf News.

"2 suspects confessed to their crime before the court and said that they 
tortured the victim for 3 days for allegedly harassing one of their female 
relatives," official sources conducting the investigation told Gulf News.

It is understood that Mubarak was accused of harassing the sister of 1 of the 3 
suspects and borrowed Dh100,000 from one of the suspects. Authorities indicated 
this explained why Mubarak maintained his silence despite 4 days of torture and 
did not report the matter to police.

Tuesday's judgement remains subject to appeal within 15 days.

(source: Gulf News)






PAKISTAN:

Moratorium on death penalty causing rise in crime, terror


The PML-N-PPP appeasement policy towards convicted terrorists, target killers, 
rapists and those involved in other heinous crimes because of the continued 
moratorium on the death penalty is said to be the major cause for the rise in 
major crimes and terrorism in the country. Rangers, police, other 
law-enforcement agencies and even the judiciary have been repeatedly calling 
for an end to the moratorium on the death penalty but for the past 6 years 
neither the previous PPP government nor the present PML-N government lifted the 
informal ban placed in September 2008.

This moratorium on the death penalty is not only in violation of the law, but 
is also un-Islamic. The security forces personnel are of the firm opinion that 
this moratorium has badly hurt the much-needed factor of deterrence against 
crime in Pakistan, where heinous crime is on the rise.

Following the latest highly deplorable terrorist attack in Wagah Lahore, 
killing almost 60 innocent people, including women and children, an effective 
campaign has been launched on the social media demanding an immediate end to 
the moratorium on the death penalty to execute convicted (by courts) 
terrorists, target killers and others.

Although generally the courts are blamed for releasing terrorists and others 
involved in heinous crimes, there is said to be a long list of condemned 
prisoners but they are not being executed because of the moratorium imposed 
informally by the then President Asif Ali Zardari in September 2008.

The PML-N was opposed to this moratorium during the PPP's tenure but when it 
came into power in June 2014 it continued with the ban on the death penalty.

Initially, the PML-N government sources had indicated that the moratorium was 
temporary, aimed at getting a ceasefire assurance from the TTP but it turned 
out to be a white lie. Later, it is said, the moratorium on the death penalty 
was informally linked with some special concessions offered to Pakistan by the 
European Union.

According to media reports, Pakistan has one of the largest numbers of 
condemned prisoners in the world. A 2012 report by a local newspaper shows the 
figure around 7,164 whereas the Human Rights Commission of Pakistan had claimed 
that the number of condemned prisoners in Pakistani jails is 8,000.

Without an official declaration, the PPP government stopped all executions 
after it came into power in 2008, making Pakistan one of the 36 countries in 
the world observing a moratorium on the death penalty. The PPP's decision was 
also said to be the consequence of the European Union's pressure on Pakistan to 
stop the death penalty.

While certain human rights organizations here demand an amendment to the law to 
end the death penalty in Pakistan, according to Islamic teachings the death 
penalty is an Islamic punishment which cannot be ended.

Since 2008, only one convicted murderer was hanged. It became possible a few 
years back following the then army chief's insistence on executing the convict, 
reportedly an ISI official who had murdered his colleague.

Amid mounting incidents of terrorism, ineffective intelligence, hopeless 
policing, poor prosecution and lack of useful counter-terror strategy, the 
governments have been trying to shift the blame on the courts, conveniently 
ignoring their own lethargy in punishing the terrorists.

Despite the poor conviction rate, it is believed that the pronounced execution 
of convicted terrorists and those involved in heinous crimes helps create the 
much-needed deterrence against crime. Generally, people believe that terrorists 
and criminals are having a field day in today's Pakistan, as they freely choose 
their target, hit and kill innumerable innocents and never get caught.

(source: The News)