[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Nov. 25


QATAR:

Asian American Christian Parents Matthew, Grace Huang Facing 'Wrongful' Death 
Sentence in Qatar


An American Christian couple may face the death penalty due to the death of 
their adopted daughter, who passed unexpectedly after refusing to eat for 
several days.

The Associated Press reports that 8-year-old Gloria died in January 2013 when 
she was rushed to the hospital after falling into a coma.The Qatari government 
immediately arrested parents Matthew and Grace Huang, accusing them of child 
trafficking and of deliberately withholding food from her with the intent of 
killing her and selling the organs.

According to court papers, prosecution based the case partly on the suspicion 
that the Huangs, who are of Asian descent, could not possibly have wanted black 
African children as their own.

Matthew, an engineer, had agreed to work on engineering projects in Doha for 
the Colorado-based company MWH Global. He and his family moved to the Middle 
East with their two sons and a daughter, each adopted from Africa.

The Huangs revealed that Gloria had an eating disorder formed during an 
impoverished early childhood in Ghana in which she would binge on food and then 
not eat for days.

"From time to time she [Gloria] would exhibit an eating disorder - common among 
children with backgrounds similar to hers - where she would refuse food for 
days at a time and then eat more than an adult. Other times she would eat food 
from the garbage even when she had healthy food available. Yet most of the time 
she was vibrant and seemingly healthy. She then died suddenly in the midst of 
one of her cycles of refusing to eat."

Following her death, the Huangs were charged with murder and sentenced to 3 
years in jail. They served 11 months in an Islamic prison before being granted 
bail last November.

Currently, the couple is kept under house arrest and are not permitted to leave 
Qatar. Their two remaining children are also currently held in Quatar, and are 
being cared for by their grandmother. A hearing will take place on November 30 
and may result in the couple receiving the death penalty.

The AP reports that there is no physical evidence that Gloria suffered any 
starvation, and independent witnesses testified court that they had seen her 
eating several days before her death.

In addition, the word "starvation" was never mentioned by the medical examiner 
who conducted her autopsy, but rather "emaciation."

Supporters say the Huangs are not guilty, and their detention is a violation of 
international human rights.

"The Qatari police were fully justified in investigating Gloria's death. But 
facts refute the charge that the Huangs starved their daughter or that they had 
adopted her for illegitimate reasons," reads a statement posted on a website 
campaigning for the Huang's release The continued detention of American 
citizens Matthew and Grace Huang should end and they should be allowed to 
travel home to the United States immediately," a statement on the website 
reads.

Prayer vigils are being held by the Huangs' home church, Lake Avenue Church in 
Pasadena, California, ahead of their next hearing.

Last Easter, Matthew wrote to his church: "The power of Jesus' work on the 
cross gives us new life. I am reminded that Easter is a time for rebirth, 
renewal, and restoration.

"My family needs to be restored together. My emotions are tired and weary. 
Jesus brings restoration, and we are reminded of that this Easter."

(source: gospelherald.com)






ZAMBIA:

Death penalty for Kitwe murderer


The Kitwe High Court has imposed the death sentence on a 38-year-old man of 
Masala township in Ndola for murdering a taxi driver and stealing his vehicle.

High Court judge Isaac Kamwendo last Thursday imposed the death penalty on 
Hyven Musanshiko of house number 8075 Chinese Complex, Masala, in Ndola after 
convicting him of murder and aggravated robbery.

Musanshiko on June 9 this year together with other unknown people murdered 
Jimmy Kangwa and stole his vehicle.

Delivering judgment, Mr Justice Kamwendo convicted Musanshiko after the State 
managed to prove the case of murder and aggravated robbery against him.

The judge said cases of criminals beating innocent people to death are on the 
increase and that such offences should not be tolerated.

Mr Justice Kamwendo said the court had a duty to impose deterrent sentences to 
send a message to would-be offenders.

He granted Musanshiko leave to appeal to the Supreme Court within 14 days.

During trial, Haggai Kayula testified that on the fateful day, he received a 
phone call from Mr Kangwa who informed him that he would send some money for 
him to use at the farm.

He testified that the following day, he tried to call Mr Kangwa but his 
cellphone was off.

Mr Kayula recalled that he again tried to call Mr Kangwa after a week but there 
was still no response.

The court heard that his relatives informed him that Mr Kangwa had gone missing 
and they did not know where Musanshiko had taken him after hiring his taxi.

He testified that later, Mr Kangwa's body was found while Musanshiko had the 
vehicle.

The matter was reported to the police and Musanshiko was charged and arrested 
for murder and aggravated robbery.

(source: Daily Mail)






PAKISTAN:

Christian Woman on Death Row for Blaspheming Muhammad Launches Appeal


Asia Bibi, a mother of 5, was arrested and put on death row in 2010, after she 
was found guilty of making derogatory comments about the Prophet Muhammad 
during an argument with a Muslim woman.

The incident occurred in 2009, when Bibi was asked to fetch water at her 
workplace. Some women objected because Bibi was a non-Muslim, and as such was 
not allowed to touch the water bowl, let alone drink from it - which she is 
also accused of doing.

A few days later the women went to a local cleric and put forward the blasphemy 
allegations.

"On behalf of Asia Bibi I have today filed an appeal in the supreme court," her 
lawyer Saiful Malook said.

"We expect an early hearing of the appeal and hope that the proceedings will be 
over in 1 year."

The announcement came 1 month after the Pakistani government upheld the woman's 
death sentence.

'No one should be killed for drinking a glass of water'.

Bibi's husband wrote a letter to Pakistan's President Mamnoon Hussain asking 
for her wife's release.

"Since Asia was sentenced to death in November 2010 for drinking a glass of 
water from our village well, my family has lived in constant fear and under 
death threats," the letter read.

"Since the court confirmed the death sentence on 16 October, we do not 
understand why our country, our beloved Pakistan, is so against us. Our family 
has always lived here in peace, and we never had any disturbance.

"We are Christians but we respect Islam. Our neighbours are Muslims and we have 
always lived well with them in our little village. Today many of our Muslim 
friends cannot understand why the Pakistani justice system is making our family 
suffer so much.

"We are now trying our best to present the final case to the supreme court 
before 4 December. But we are convinced that Asia will only be saved from being 
hanged if the venerable President Mamnoon Hussain grants her a pardon. No one 
should be killed for drinking a glass of water."

Blasphemy in Pakistan

Pakistan's penal code states: "Whoever, with the deliberate intention of 
wounding the religious feelings of any person, utters any word or makes any 
sound in the hearing of that person or makes any gesture in the sight of that 
person or places any object in the sight of that person, shall be punished with 
imprisonment of either description for a term which may extend to 1 year, or 
with fine, or with both."

In 1982, a clause prescribed life imprisonment for "wilful" desecration of the 
Qu'ran.

Then in 1986, a separate clause was inserted to punish blasphemy against the 
Prophet Muhammad and the penalty recommended was "death, or imprisonment for 
life".

A British man diagnosed with schizophrenia was sentenced to capital punishment 
for blasphemy in March 2014. He is currently on death row.

2 high-profile politicians - then-Punjab governor Salmaan Taseer and minorities 
minister Shahbaz Bhatti - were murdered in 2011, after calling for reforms to 
the blasphemy law and describing Bibi's trial as flawed.

In October, a Christian couple were beaten and burned alive in a kiln by an 
angry mob following allegations of blasphemy.

(source: IB Times)





CHINA:

Chinese police again probe acquitted death row prisoner: lawyer


Chinese police are investigating a former death row prisoner and curbing his 
movements, 3 months after he was acquitted of the charge of poisoning two 
children, his lawyer said on Tuesday.

The latest move by the police raises concerns about China's commitment to the 
rule of law, after the rare acquittal prompted renewed calls for the abolition 
of the death penalty.

Nian Bin, a former food stall owner, was freed in August after a court in the 
southern province of Fujian said there was insufficient evidence to back up a 
charge of "placing dangerous materials" against him.

But Nian "is now considered a suspect" by police in his Fujian home county of 
Pingtan, who "have put him under control", said his lawyer, Si Weijiang, who 
called the move illegal.

Police in Pingtan could not be reached for comment.

The latest step reflected a refusal by the police to accept the court's 
decision, Si added.

"There is no rule of law," he said. "The public security bureau did not give 
the reason for this. The key now is to see if they have new evidence, but I 
doubt there will be."

Nian was accused of poisoning his neighbors with rat poison, leading to the 
death of two children and injuries to four others in July 2006, rights group 
Amnesty International says.

Nian said he was tortured into confessing during police interrogation. He 
pursued his appeals for 6 years, in an effort closely watched by human rights 
lawyers in China and global rights groups.

In October, the ruling Communist Party said it would prevent "extorting 
confessions by torture" and halt miscarriages of justice with a "timely 
correction mechanism", after a series of corruption investigations involving 
torture outraged the public.

But legal scholars are skeptical about significant change under 1-party rule. 
The government has been silent on establishing an independent judiciary or 
reining in the police, a powerful agency in China.

Rights groups say China uses capital punishment more than any other country, 
raising public concern of irreversible miscarriages of justice.

(source: Reuters)

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

Senior court official says China to continue death penalty reform


China's top court said it would study ways of further reducing the number of 
crimes punishable by death, in an effort to reform a segment of Chinese law 
widely criticised by international rights groups.

Activists say China uses capital punishment more than any other country, 
raising public concern of irreversible miscarriages of justice.

In October, the National People's Congress, China's parliament, began reviewing 
a policy to trim nine crimes from the list of offences subject to the death 
penalty. Those reforms have yet to be finalised.

Hu Yunteng, a senior researcher at the Supreme People's Court, told a meeting 
of academics on Saturday that China would deepen death penalty reform.

"[Officials] must thoroughly study how to reduce death penalty crimes, and 
progressively limit and reduce the scope of the use of the death penalty," the 
People's Court Daily on Sunday cited Hu as saying.

The use of the death penalty must be "100 % accurate and guard against any 
false or unjust charges", Hu said, adding that the role of lawyers must be 
ensured and the human rights of defendants respected.

Officials have previously said China would review the use of the death penalty, 
which applies to 55 offences, including fraud and illegal money-lending.

China guards the number of people executed every year as state secrets.

The San Francisco-based Dui Hua Foundation, which seeks the release of 
political prisoners in China, estimated that 2,400 people were executed in 
2013. By comparison, 39 people were executed in 2013 in the United States, 
according to the Death Penalty Information Center.

Last week, state media said a court in Inner Mongolia would reconsider a 1996 
rape and murder case which may have led to the execution of the wrong man.

Huugjilt, 18 at the time, was put to death a month after being sentenced, the 
official Xinhua news agency said. Years after his execution, another man 
confessed to the murder.

The ruling Communist Party, worried about rising social unrest and anger over 
land grabs, corruption and pollution, has vowed to carry out legal reforms.

Experts, however, have said the reduction in death penalty crimes is not 
expected to greatly lower the number of executions per year.

(source: asiaone.com)



SAUDI ARABIA----execution

Saudi beheads 8th Pakistani since mid-October


A Pakistani on Tuesday became the 8th person from his country to be beheaded in 
Saudi Arabia for drug trafficking since mid-October.

Seyfour al-Rahman Golajan is the latest of 73 people, foreigners and Saudis, to 
be executed in the kingdom this year, according to an AFP tally.

He "was caught trying to smuggle a large quantity of heroin hidden in his gut 
into the kingdom", an interior ministry statement carried by the official Saudi 
Press Agency said.

Golajan was executed in the Eastern Province city of Dammam.

The ministry says the government is battling narcotics "because of their great 
harm to individuals and society".

In September, an independent expert working on behalf of the United Nations 
expressed concern about the judicial process and called for an immediate 
moratorium on the death penalty in Saudi Arabia.

The oil-rich Gulf state saw the 3rd highest number of executions in the world 
last year after Iran and Iraq, according to Amnesty International whose figures 
did not include China.

(source: Agence France-Presse)






BANGLADESH:

State may file review seeking death penalty for Sayedee


The state has hinted at seeking a review of an Appellate Division verdict 
commuting war crimes convict Delwar Hossain Sayedee's death sentence.

However, Attorney General Mahbubey Alam on Tuesday said they would first go 
through the top court's full verdict on the Jamaat-e-Islami leader.

Until now, it was unclear whether an Appellate Division verdict could be 
reviewed. But publication of war crimes convict Abdul Quader Molla's review 
verdict cleared the confusion.

Alam said both the defence and prosecution could seek a review of the top 
court's verdict.

The apex court rejected Jamaat leader Molla's review plea last December. He is 
the 1st war criminal to be executed.

An abridged version of the verdict published at the time did not mention 
whether the Appellate Division's sentence could be reviewed.

Most of those convicted of war crimes are former and current leaders of Jamaat, 
a party itself accused of committing war crimes.

The issue of a review of the top court's verdict again came to light after the 
death verdict of another Jamaat leader Mohammad Kamaruzzaman was upheld earlier 
this month.

The prosecution has been saying the International Crimes (Tribunal) Act does 
not allow a review but the defence has been saying it is a Constitutional right 
applicable to everyone.

Molla's full verdict says review petitions filed by the war crimes convicts 
would be maintainable but it would not equate to an appeal.

However, the review plea must be filed within 15 days, since the 30-day period 
of limitation followed in regular cases will not apply in such cases, the full 
verdict said.

Although the prosecution said it was not content with Sayedee's verdict, it did 
not say anything about seeking a review.

But now, the attorney general has hinted at taking up the chance to get a 
review of Sayedee's commuted sentence.

The war criminal's family has been saying they would seek his acquittal through 
a review. But they will have to wait as Sayedee's full verdict is yet to be 
published.

Attorney General Alam said they would first analyse the war crimes convict's 
verdict.

"We'll seek a review if we find elements in it [that will allow the move]," he 
told reporters in response to a question.

(source: bdnews24.com)

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

Mobarak to hang for 33 murders


It must have been a muggy day on August 22 at Akhaura in 1971. The war was in 
full swing and the freedom fighters had a formidable presence along the other 
side of the border in India. The rolling hills of the area were witness to 
heavy battles during those months.

The village of Tanmandayl, close to the border, was most likely within the 
Muktibahini artillery range too. Locally known as a collaborator, razakar 
Mobarak Hossain and several accomplices called a meeting that afternoon at the 
house of one Noor Baksh.

The 130 odd villagers who gathered had little idea what was in store for them. 
It was all pre-planned, they found out later. The Pakistani Army surrounded 
them as they gathered at the appointed spot and took them away to the nearby 
army camp at the bank of Gangasagar lake by boats.

Mobarak and his accomplices swung into action there. They asked the villagers 
if any of their relatives had gone to join the Liberation War. The 
collaborators selected 26 from Tanmandayl and 7 from a neighbouring village. 
These 33 were detained at a local jailhouse overnight, while the rest were kept 
at the camp.

The 33 were taken out the next day and taken back to Gangasagar bank. The 
razakars and the Pakistani Army personnel made them dig a ditch. Those 
villagers were then executed and buried there. The rest were eventually 
released, but only after torture.

That Mobarak Hossain was sentenced to death yesterday. The war crimes tribunal 
of Bangladesh found him guilty for killing those 33 unarmed civilians during 
the war.

Also known as Mobarak Ali, he was sentenced to life in prison for his role in 
the murder of 1 Abdul Khaleque, whose daughter had lodged the 1st complaint 
against Mobarak in 2009. He was acquitted in 3 other charges.

It is the 13th case in which the 2 war tribunals have delivered judgement so 
far.

The 5 charges on which Mobarak was indicted on April 13 last year include 
abduction, confinement and torture. The case was kept for verdict on June 2 
this year.

During the trial, 12 prosecution witnesses testified against Mobarak whereas 
the accused himself and his eldest son Asad Uddin gave depositions as defence 
witnesses.

The 64-year-old rose to the rank of Rokon, full member, of Jamaat-e-Islami 
after the war. He later joined the Awami League but was expelled in 2012 as the 
organising secretary of Mogra union unit under Akhaura upazila.

In his testimony on December 15 last year, Mobarak said he had not acted 
against the country's independence. He claimed that he still held the post of 
organising secretary. "My membership has not been cancelled yet. I was never 
sacked from the party," he said.

While the prosecutors yesterday were "satisfied," Mobarak's defence lawyers 
said they would appeal against the verdict since the tribunal had "failed to 
analyse the evidence."

Gonojagoron Moncho, a platform of activists demanding the highest punishment 
for war criminals, welcoming the verdict brought out a procession at Shahbagh. 
Sector Commanders Forum, a platform of freedom fighters who led the 1971 
Liberation War, urged a swift execution of the sentence.

Mobarak's home district Brahmanbaria saw a procession come out on the streets 
cheering the verdict.

The International Crimes Tribunal 1 in its verdict said: "We have taken due 
notice of the intrinsic gravity of the said offences of crimes against humanity 
which are particularly shocking to the conscience of mankind."

The tribunal began reading out the 92-page verdict soon after it convened at 
11:15am amid a comparatively relaxed atmosphere. Security in and around the 
tribunal was visibly low compared to other judgement days as was the turnout of 
observers, activists and lawyers.

Considering the "gravity and magnitude of the offences...we unanimously hold 
that the accused deserves the highest punishment...," Justice Enayetur said.

The 3 judges took turns in reading out the judgement as customary at both the 
war crimes tribunals. Justice Jahangir Hossain read from the verdict: "We are 
convinced from the evidence both oral and documentary led by the prosecution 
that accused Mobarak Hossain was a potential member of Razakar Bahini [force]."

Razakar, besides al-Badr and al-Shams, was a vigilante militia group mostly 
manned by members and supporters of Jamaat-e-Islami and other right wing 
parties that favoured Pakistan over Bangladesh. The Razakar units were 
notorious for abetting the Pakistani occupation forces across Bangladesh during 
the Liberation War.

The term "razakar" has since become synonymous with "collaborator" in Bengali.

Prosecutor Sahidur Rahman, who had conducted the case, said he was satisfied 
with the verdict. Asked about the acquittal in 3 charges, he said: "We proved 
that Mobarak was indeed a razakar. We are satisfied."

Sahidur, most of whose cases - Bachchu Razakar, Chowdhury Mueen Uddin and 
Ashrafuzzaman Khan - have been tried in absentia, also noted that Mobarak had 
been found guilty and sentenced to death.

Mobarak's counsel Tajul Islam said: "We believe that the tribunal has failed to 
analyse the evidence presented before it."

Tajul and his younger brother Tariqul Islam, who represent Mobarak, are also on 
the defence teams of the top Jamaat leadership accused of war crimes.

He said the prosecution witnesses had contradicted each other. "His crimes were 
not such that he deserves the death penalty." Tajul said the defence would 
appeal this judgement.

Barely 10 minutes away from the tribunal premises, activists of Gonojagoron 
Moncho welcomed the death penalty with cheers.

Speaking to reporters at the Shahbagh intersection, its spokesperson Imran H 
Sarker said: "There was an uncertainty that the verdict might be influenced as 
Mobarak had joined the ruling party after the Liberation War."

(source: Dhaka Tribune)






INDIA:

India votes against UNGA resolution on death penalty


India has voted against a UN General Assembly draft resolution calling for 
moratorium on the use of death penalty, saying it fails to recognise each 
nation's "sovereign right" to determine its legal system and punish criminals 
according to its laws.

The draft resolution on 'Moratorium on the use of the death penalty' was 
approved last week in the General Assembly's Third Committee, which deals with 
social, humanitarian and cultural issues.

India was among the 36 nations that voted against the resolution, which got 114 
votes in favour and 34 abstentions.

By the terms of the resolution, the General Assembly would urge Member States 
to progressively restrict the use of the death penalty and not impose capital 
punishment for offences committed by persons below 18 years of age, on pregnant 
women and on persons with mental or intellectual disabilities.

In its explanation of vote, India said the resolution seeks to promote a 
moratorium on executions with a view to abolishing the death penalty.

India voted against the resolution as it goes "against our statutory law, First 
Secretary in the Indian Mission to the UN Mayank Joshi said.

"The resolution fails to recognise the basic principle that each State has the 
sovereign right to determine its legal system and to punish criminals as per 
its laws," he said.

Joshi said in India the death penalty is exercised in the "rarest of rare" 
cases, where the crime committed is "so heinous as to shock the conscience of 
society."

He said Indian law provides for all requisite procedural safeguards, including 
the right to a fair hearing by an independent court, the presumption of 
innocence, the minimum guarantees for the defence and the right to review by a 
higher court.

(source: Zee news)

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

Surendra Koli: Notorious Indian serial killer makes last ditch plea for 
clemency


A court in India will hear a last-ditch clemency plea from one of the country's 
worst serial killers, who has been sentenced to death.

However, human rights groups have said they are worried India's corrupt and 
ineffective justice system has not allowed the man a fair trial.

Domestic servant Surendra Koli and his employer Moninder Pandher were accused 
of killing 18 woman and children in a house in Delhi. They reportedly 
dismembered their victims' bodies before stuffing their remains into nearby 
drains.

One of Koli's victims was Anil Halder's 14-year-old daughter, Rimpa.

"There can be no bigger crime than this," he told the ABC.

"No bigger crime than this, what can be worse than this?"

Indian police said Koli confessed to killing 7 of the victims, including 
10-year-old Joyti Lal.

Joyti's father, Jabbu Lal, is a laundry worker and thought Koli and Pandher 
were nice people.

"They'd come to us with clothes and a couple of times they had blood stains," 
he said.

"I asked them about it, how did that happen?

"Koli told me the clothes must have gotten accidentally stained when they went 
to buy freshly cut chicken."

Koli and Pandher were convicted in 2009 and sentenced to death, however Pandher 
was later acquitted.

The crimes shook India, but there were also concerns Koli was not given a fair 
trial in India's dubious justice system.

The investigation was marred by police misconduct and incompetence, and there 
were allegations Koli was tortured until he confessed.

Maja Daruwala from the Commonwealth Human Rights Initiative said the case was 
typical of the things that could go wrong in the Indian justice system.

"In India, the justice system is extremely frail, it is extremely imperfect," 
she said.

"It's not so much about the horrendous circumstance that the Koli case opened 
up and showed to the public.

"I think that overtook the case, but the frailties of the case are very, very 
real."

India has imposed an unofficial moratorium on executions up until 2012.

Since then 2 people have been put to death.

Death sentences are still frequently commuted, but Ms Daruwala said there were 
huge dangers in keeping the penalty in a country with such an imperfect justice 
system.

"It is not a question of numbers, it is a question of what we as a country want 
to be."

(source: Yahoo news)






UNITED NATIONS:

UN chief opposes death penalty


UN Secretary-General Ban Ki-moon is opposed to the application of death 
penalty, his spokesman said Monday when asked about the case of Asia Bibi, the 
Pakistani Christian woman who is under death sentence for blasphemy.

"The Secretary-General's position on death penalty is clear and well-known," 
Spokesman Stephane Duharric said while acknowleging that he was not seen the 
latest reports on the case. But responding to a question at the regular noon 
briefing about confirmation of Asia's death sentence by the High Court in 
Lahore, he said that the U.N. was against death penalty. At the World Day 
Against the Death Penalty, the secretary-general said that death penalty 
undermines human dignity. The spokesman said that Ban also stood for tolerance 
towards minority communities.

(source: The Nation)