[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Oct. 27



GHANA:

More Ghanaians opposed to death penalty - Survey


A recent survey on "Public Support for the Death Penalty in Ghana" has shown 
that more people (48. 3 %) are opposed to the death penalty than those who 
support it (40.7 %).

It indicated that 60.9 % of the respondents supported the abolition of the 
death penalty for treason while 53.9 % supported it for murder, with 53 % 
supporting it for genocide.

The survey showed that among those who supported the abolition of the death 
penalty for murder, the 2 most important reasons cited were the sacredness of 
life (33 %) and the fear that innocent people might be executed (32 %).

"On this evidence, opposition to the death penalty in Ghana would seem stronger 
than what currently pertains in the United Kingdom (UK), where a recent YouGov 
Poll shows 39 % opposition," it indicated.

The study involved a face-to-face survey of 2,460 people randomly selected from 
four communities in Accra, namely, Chorkor, Nima, Teshie-Nungua Estate and the 
East Legon Residential Area.

The fieldwork was conducted in April and May 2014.

It was conducted by the Centre for Criminology and Criminal Justice, with Dr 
Peter Atupare Atudiwe of the Faculty of Law, University of Ghana, Legon; Dr 
Kofi E. Boakye and Dr Justice Tankebe, both of the University of Cambridge, 
Cambridge, UK, as the researchers.

The study was conducted against the backdrop that Ghana is among the countries 
that still retain the death penalty, with 138 convicts presently on death row 
for three main types of offences - murder, genocide and treason.

However, no executions have taken place since 1993.

In June 2012, the government published a White Paper in which it accepted the 
recommendations of the Constitutional Review Commission (CRC) to abolish the 
death penalty and replace it with imprisonment for life without parole.

The study, therefore, sought to provide baseline data on public attitudes to 
the death penalty, the sources and nature of resistance to abolition and 
backlash effects.

The overall aim of the researchers was twofold: First, to provide research 
evidence that contributed to public discourse on the death penalty as Ghana 
prepared to vote on the relevant constitutional amendments.

Second, to provide baseline data that would allow the tracking of trends in 
public attitudes over the next several decades.

The survey indicated that males were more likely than females to favour the 
death penalty.

It, however, showed that there was no difference in attitudes between victims 
and non-victims of violent crime.

It indicated that the most preferred replacement for the death penalty was life 
imprisonment without parole.

"Approximately 71 % of the people interviewed chose life imprisonment without 
parole as the alternative to the death penalty in the case of those convicted 
of genocide, 66 % for murder and 65 % for treason convicts," it stated.

The survey showed very little evidence of potential backlash in the form of 
support for vigilante violence or lynching, with only 26 % of the respondents 
indicating they would take the law into their own hands if the death penalty 
was abolished.

"Interestingly, they believed approximately 87 % of people will not resort to 
vigilante violence," it added.

The survey recommended that advocates of the abolition of the death penalty 
should make greater efforts in that respect.

It also recommended that public engagement programmes on the abolition of the 
death penalty should move away from a human rights argument to a focus on the 
sacredness of life and uncertainties in establishing the guilt of suspects 
which might result in wrongful executions.

It further stressed the need for investments in systematic studies that tracked 
changes in public attitudes and the conditions associated with those changes in 
order to preempt a return to the death penalty after it had been abolished.

(source: GhanaWeb)






AFGHANISTAN:

Afghan soldier loses final appeal against death penalty for murdering 3 
Australian troops


An Afghan soldier who murdered three Australian troops has lost his final 
appeal against the death penalty.

The fate of the remorseless killer, Sgt Hekmatullah, now rests in the hands of 
the families of those he killed and the Afghanistan's recently-elected 
president.

The secret judgment against Hekmatullah, which the country's Supreme Court has 
consistently refused to discuss, was confirmed by diplomatic and prison sources 
in Kabul and also by the killer himself during a jailhouse interview this month 
as part of a Four Corners investigation into the incident.

Hekmatullah was convicted and sentenced to death, which in Afghanistan is 
usually by hanging, of the murders of Lance Corporal 'Rick' Milosevic, Sapper 
James Martin and Private Robbie Poate as they were relaxing on a remote patrol 
base in Uruzgan province in late August 2012.

2 other Diggers were wounded.

The case has recently been examined in a coronial inquest in Brisbane, the 1st 
of its type involving the death of the 41 Australian soldiers killed in 
Afghanistan.

Evidence was heard about a failure to communicate a heightened risk of insider 
attacks, in which local forces turn their weapons against foreign mentors, to 
the slain men's platoon.

The finding of the inquest will be handed down at a later date.

The killer, Hekmatullah, evaded attempts to be captured after the shooting, 
fleeing the base and ultimately being secreted by the Taliban across the border 
to Pakistan. He was arrested in February 2013 and after months of 
interrogation, during which he said he was blindfolded and could hear 
English-speaking voices while being tortured, he confessed to the murders.

In December last year, he was sentenced to death, a verdict upheld later in an 
appeal court.

His final chance of overturning or having the sentence commuted to a lengthy 
prison term, was refused by the Supreme Court in a hearing some months ago.

He is imprisoned in the high-security wing of Kabul's Pul-e Charkhi jail, 
sharing a block with former Australian soldier, Robert Langdon, who was 
sentenced to 20-years jail for murdering an Afghan colleague while working as a 
private security guard.

Langdon, like Hekmatullah, had been sentenced to death but under a provision 
under Afghan law, paid his victim's family US$100,000 to offer forgiveness, 
which allowed the Supreme Court to commute the sentence to a prison term.

Hekmatullah has requested the families forgive him but has also vowed to kill 
again, saying he was inspired to kill after watching a Taliban propaganda video 
that showed foreign soldiers desecrating the Koran.

The relatives of Hekmatullah's victims, however, appear uninterested in any 
mercy.

"He showed absolutely no mercy to our boys," Pte Poate's father, Hugh told Four 
Corners.

"He killed them in the prime of their lives. They had done nothing to him other 
than befriend him and he turned around and just killed them in premeditated 
cold-blooded murder, so I'm rather hoping that the sentence will be carried 
out."

All decisions on the enforcement of the death penalty are made by Afghanistan's 
president, Ashraf Ghani.

Diplomats in Kabul had believed Mr Ghani is unlikely to order the execution of 
any of the prisoners on death row but that view has softened in recent weeks.

Mr Ghani, to the surprise and disappointment of many of his western backers, 
did not intervene after his predecessor, Hamid Karzai, signed off on his last 
day in office on the execution of 5 men convicted of gang rape and another, of 
unrelated kidnapping charges.

All 6 men were hanged on October 8.

(source: The News)






CHINA:

China Mulls Scrapping Death Penalty for 9 Crimes


Chinese lawmakers are considering removing the death penalty as punishment for 
9 crimes, including smuggling weapons and nuclear materials.

The draft amendment to Criminal Law was submitted on Monday to the Standing 
Committee of the National People's Congress (NPC) for a 1st reading during the 
legislature's bi-monthly session, which runs from Monday to Saturday.

According to the draft amendment, the nine crimes include smuggling weapons, 
ammunition, nuclear materials or counterfeit currency; counterfeiting currency; 
raising funds by means of fraud; arranging for or forcing another person to 
engage in prostitution; obstructing a commander or a person on duty from 
performing his duties; and fabricating rumors to mislead others during wartime.

After removing the death penalty for these crimes, those convicted will face a 
maximum sentence of life imprisonment, according to the draft.

The draft amendment is another move by China to limit the use of the death 
penalty following a decision at a key meeting of the Communist Party of China 
last year to gradually reduce the number of crimes subject to the death 
penalty, said Li Shishi, director of the Legislative Affairs Commission of the 
NPC Standing Committee.

Li said removal of death penalty for these crimes does not mean the overall 
punishment would be lessened.

Authorities will strengthen law enforcement and give severe punishment for 
those who deserve it so as to ensure the general situation of public security, 
Li said.

The draft amendment also provides stricter rules for the execution of convicts 
who have been sentenced to death with reprieve.

If the proposal is adopted, it will be the 2nd time the People's Republic of 
China has reduced the number of crimes punishable by death since the Criminal 
Law took effect in 1979.

In 2011, the NPC Standing Committee dropped the death penalty for 13 
economic-related non-violent crimes including smuggling cultural relics, gold 
and silver; carrying out fraud related to financial bills; forging or selling 
forged exclusive value-added tax invoices; teaching criminal methods; and 
robbing ancient cultural ruins.

Exempting the 13 crimes from the death penalty has not caused negative effects 
for public security, and the social response toward reducing the number of 
crimes subject to the death penalty has been positive, Li said.

Under the current Criminal Law, the number of crimes punishable by death is 55.

China has kept the death penalty while strictly controlling and prudently 
applying capital punishment. The country has made various efforts to limit use 
of the death penalty in recent years.

On Jan. 1, 2007, the Supreme People's Court resumed reviewing death penalty 
cases before approval to make sure decisions by lower courts are accurate.

The draft amendment did not remove capital punishment for corruption crimes. 
Instead, lawmakers are considering imposing harsher punishment on those 
committing crimes of embezzlement and bribery.

Those involved in such crimes with "especially huge amounts of money and 
causing especially huge loss to the interest of the country and people" could 
be sentenced to death, according to the draft amendment.

The draft also added crimes regarding cyber security, enhancing protection of 
citizens' personal information and ascertaining responsibilities for Internet 
service providers failing to fulfill duties of network security management.

In its stipulations against terrorism, the draft added several items to the 
current law to crack down more heavily on terrorism.

Those promoting terrorism and extremism by producing and distributing related 
materials, releasing information, instructing in person or through audio, video 
or information networks will face more than 5 years in prison in serious cases. 
Those who instigate violent terror activities will also face the same 
punishment, according to the draft amendment.

Those who instigate or force people to damage legal systems including marriage, 
justice, education and social management will be sentenced to more than seven 
years in prison in extremely serious cases, according to the draft.

To safeguard social principles of good faith, the draft proposed that those 
counterfeiting passports, social security cards and driving licenses will also 
face punishment.

Organizing cheating in examinations and bringing civil litigations based on 
fabricated facts to pursue illegitimate interests are also listed as crimes 
that are punishable to imprisonment up to 7 years and 3 years respectively.

(source: English People's Daily)


SOUTH KOREA:

South Korea ferry disaster: prosecutors seek death penalty for captain; 
Prosecution tells court Lee Joon-seok should be sentenced to death after more 
than 300 killed in capsized ferry


South Korean prosecutors have sought the death penalty for the captain of a 
ferry that capsized in April, leaving 304 people, most of them schoolchildren, 
dead or missing in a trial of 15 crew who escaped the vessel before it sank.

Lee Joon-seok, 68, who has been charged with homicide, should be sentenced to 
death for failing to carry out his duty, the prosecution told the court, 
resting its case in a trial that has taken place amid intense public anger 
towards the crew.

Lee was among 15 accused of abandoning the sharply listing ferry after telling 
the passengers to stay put in their cabins. Four, including the captain, face 
homicide charges.

The rest face lesser charges, including negligence. A 3-judge panel is expected 
to announce its verdicts in November. No formal pleas have been made but Lee 
has denied intent to kill.

Several defendants have been sentenced to death in South Korea in recent years 
but there have been no executions since 1997.

"Lee supplied the cause of the sinking of the Sewol ... he has the heaviest 
responsibility for the accident," the lead prosecutor in the case, Park 
Jae-eok, said. "We ask that the court sentence him to death."

The prosecutors sought life sentences for the other 3 charged with homicide, 
and prison terms varying from 15 to 30 years for the rest.

The Sewol capsized and sank on a routine voyage on 16 April, triggering an 
outpouring of nationwide grief and sharp criticism of the government of 
President Park Geun-hye for its handling of the rescue operation.

The crew members on trial have said they thought it was the coastguard's job to 
evacuate passengers. Video footage of their escape triggered outrage, 
especially after survivors testified they repeatedly told passengers to stay 
put.

(source: The Guardian)

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

Prosecution weighs Sewol captain's penalty


The prosecution is scheduled to unveil its criminal action against 15 crew 
members of the capsized ferry Sewol on Monday.

A key issue is whether the prosecution will seek capital punishment for the 
ferry's caption Lee Joon-seok, 69, during the trial at the Gwangju District 
Court. He has been charged with homicide through willful negligence.

Apart from the possibility of a death penalty, the prosecution could choose to 
call for life imprisonment for the indicted Sewol captain.

On April 16, Lee and other crew members escaped from the sinking vessel, 
reportedly without taking any appropriate measures to evacuate passengers. 
Investigators had vowed to prove the charges that the sailors' practices were 
intentional and that their behavior caused the deaths of those on board.

Some families of the victims have recently asked the prosecution to seek the 
maximum sentence (or death penalty) allowed by law for Lee.

Aside from Lee, 3 other crewmen were indicted in May on charges of manslaughter 
due to willful negligence.

While 11 other crewmen were also indicted for neglecting their duties during 
the accident, which left more than 300 people dead or missing, prosecutors only 
lodged homicide charges against the 4 key suspects: Lee and the 3 crewmen.

If the crewmen had taken steps to evacuate the passengers, they may have been 
able to save all of them or at least minimized the death toll, a prosecutor 
said during the former trial hearing.

He said that "students (on a school excursion) in cabins on the 4th floor could 
have escaped just by walking several meters. But they became trapped due to an 
announcement by senior crewmen to stay in their cabins."

(source: The Korea Herald)






ZIMBABWE:

2 women on death row seek reprieve


The Constitutional Court last Wednesday heard a case in which 2 women who are 
on death row were seeking reprieve.

The application was filed by the Zimbabwe Women Lawyers Association (ZWLA) two 
weeks ago.

ZWLA official, Chiedza Simbo, said the application was a test of the country's 
compliance with the supreme law which was voted by Zimbabweans in a referendum 
last year.

"We are pleading for the removal of these 2 female inmates from the death roll 
in accordance with the provisions of the new constitution," Simbo said a day 
before the matter was heard in court.

"It is our plea that the Constitutional Court gives them another sentence which 
is appropriate since the new charter prohibits executions of females."

Advocate Fadzai Mahere was the attorney who represented the ZWLA.

Simbo said they are against the continued existence of the death penalty in the 
country's statutes despite the exclusion of females from executions.

"The law as it stands is discriminatory and gender biased. We are saying the 
law should be applied indiscriminately to everyone and in this case the death 
penalty should be scrapped completely from the country's statutes if the 
country is to move in line with the progressive world," Mahere said.

Mahere was speaking at a belated World Against Death Penalty Day held last 
Tuesday.

There are 77 inmates in Zimbabwe's jails who are facing the gallows.

Since the attainment of independence in 1980, at least 78 people have been 
executed for committing various crimes.

Notorious criminals Stephen Chidhumo, Elias Chauke, William Mukurugunye and 
John Nyamazana were the last inmates to be hanged in 2003. The country's 
constitution which was adopted last year retains the death penalty but 
prohibits executions of women and males under the age of 21 or over the age of 
70.

(source: New Zimbabwe)






IRAN----executions

5 Prisoners Hanged in Northern Iran for Drug-Related Charges


5 prisoners were hanged in the prison of Rasht (Northern Iran) Saturday October 
25, reported the official website of the Iranian Judiciary in Gilan Province.

The prisoners who were all men were identified as "M.P." (40) charged with 
possession and trafficking of 31 kilograms of opium, "S.A." (43) for possession 
and trafficking of 14 kilograms and buying 17 kilograms of opium, "R.T." 
(42)for possession of 3310 grams of heroin, "M.S." (27) for possession of 3984 
grams of heroin and "A.R." (50) for participation in trafficking of 3 kilograms 
of heroin. said the report.

Last week 4 other prisoners were hanged in the prison of Rasht convicted of 
drug related charges.

(source: Iran Human Rights)

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

A prisoner hanged in Rajai Shahr Prison in Karaj


A man with charge of murder was hanged the same day that Reyhaneh Jabbari was 
executed.

According to the report of Human Rights Activists News Agency (HRANA), in the 
morning of Saturday, 25th October, a prisoner charged with murder was executed 
along with Reyhaneh Jabbari by hanging in Rajai Shahr prison of Karaj.

This prisoner from ward 1 in Rajai Shahr prison whose name is Mohammad 
Ghorbanzadeh, was transferred to solitary confinement on Thursday 23rd October

Also on Saturday morning, another prisoner from ward 2 in Rajai Shahr prison, 
named Davood Gandomi, on charge of "rape" was taken to the gallows, for 
execution but due to a defect in his case the execution has been postponed.

(source: Human Rights Activists News Agency)

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

After Reyhaneh Jabbari execution UK urges Iran to end death penalty


Following the execution of Reyhaneh Jabbari, British Foreign Office Minister, 
Tobias Ellwood, on Saturday called on Iran to end the use of the death penalty.

Tobias Ellwood, the British Foreign Office Minister for the Middle East, said 
in as statement: "The UK strongly opposes the use of the death penalty. I am 
very concerned and saddened that it has been used in the case of Reyhaneh 
Jabbari where there have been questions around due process."

"The UN Special Rapporteur for Human Rights in Iran, Dr Ahmed Shaheed, noted 
that her conviction was allegedly based on confessions made while under threat, 
and the court failed to take into account all evidence into its judgment. 
Actions like these do not help Iran build confidence or trust with the 
international community. I urge Iran to put a moratorium on all executions."

Morteza Abdulali Sarbandi, an agent of the Iranian regime's notorious Ministry 
of Intelligence and Security (MOIS) was killed as he intended to assault 
Reyhaneh Jabbari.

A UN human rights monitor said the killing came in self-defense after Sarbandi 
tried to sexually abuse Jabbari, and that the condemned woman's trial in 2009 
had been deeply flawed.

ll evidence indicate that the criminal execution of Ms. Rayhaneh Jabbari after 
7 1/2 years incarceration and torture that took place despite widespread 
protests and international calls had political reasons and motives and that 
this execution was unlawful even in the framework of mullahs' medieval laws.

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

Canada: Condemns Execution of Reyhaneh Jabbari by "Murderous regime" in Iran


The government of Canada condemned "in the strongest possible terms" the 
execution of Reyhaneh Jabbari the "latest victim of a murderous regime."

The Canadian Foreign Minister John Baird released the following statement on 
Saturday:

"Canada condemns in the strongest possible terms Iran's execution of Reyhaneh 
Jabbari, a 26-year old interior designer and the latest victim of a murderous 
regime.

"In 2009, Ms. Jabbari was convicted after a deeply flawed trial process of 
killing a man she claims was trying to sexually assault her. Today, Iran 
executed her despite international efforts to see a fair trial and justice 
properly served. "The execution of Ms. Jabbari is another truly tragic example 
of Iran???s contempt for due process and of systemic flaws within Iran's 
judicial system.

"Canada strongly believes that due process and the rule of law are fundamental 
to ensuring human rights and dignity. By failing to accord Ms. Jabbari due 
process, Iran has once again cynically demonstrated its unwillingness to live 
up to international human rights obligations and to respect the dignity and 
rights of its people. The people of Iran, and on this day particularly the 
family of Reyhaneh Jabbari, deserve better."

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

Maryam Rajavi calls for int???l probe into Reyhaneh Jabbari's execution in 
Iran; The current session of the UN General Assembly should refer Iran's 
dossier of human rights violations to the Security Council----Conducting 
negotiations and dealing with a bloodthirsty regime that honors no pact or 
agreement is a dagger in the heart of human rights


All evidence indicate that the criminal execution of Ms. Rayhaneh Jabbari after 
7 1/2 years incarceration and torture that took place despite widespread 
protests and international calls had political reasons and motives and that 
this execution was unlawful even in the framework of mullahs' medieval laws.

Because Ms. Jabbari was arrested for defending herself against the aggression 
of a mullahs' intelligence agent, henchmen did not observe the minimum legal 
process of even their own system during the investigations and her trial as 
they were afraid of the disclosure of the secrets of the Mafia of murder, 
assassination and corruption of the clerical regime; i.e. the Ministry of 
Intelligence. Amnesty International declared that "the execution of Iranian 
Reyhaneh Jabbari who was convicted after a deeply flawed investigation and 
trial is an affront to justice...This is another bloody stain on Iran's human 
rights record".

On the other hand, Mrs. Jabbari's resistance and refusal to give in to the 
pressures of the suppressive agents and her refusal to succumb to their 
dictated demands had doubled the mullahs' regime anger towards her. In a voice 
recording on April 1, 2014 addressing her mother she said: "...the court 
charged me with being coldblooded in the murder and of being a cruel criminal. 
I shed no tears, did not beg, and did not cry out loud since I believed in the 
support of the law... how naive were we that we expected justice from the 
judges. I embrace death because in the court of God I charge the investigative 
officers, I charge the interrogator, I charge the judge of the Supreme Court of 
the country, those who severely beat me... In the court of the creator of the 
world I charge... all those who inattentively, falsely or out of fear wronged 
me."

Mrs. Maryam Rajavi, President-elect of the Iranian Resistance, hailed the 
perseverance of Reyhaneh Jabbari and offered her sympathy to her bereaved 
family. She called on the Iranian people, especially the women and the youth, 
to express their solidarity with Reyhaneh's family and to protest and resist 
the criminal death sentences and the savage suppression of women, such as the 
acid attacks.

Mrs. Rajavi called for an independent international probe into the execution of 
Reyhaneh Jabbari as an example of arbitrary, extrajudicial and criminal death 
sentences that have taken on added dimensions since Rouhani's tenure.

At a time that the mullahs' regime has ridiculed all international conventions 
and laws and despite 60 UN resolutions continues with its crimes and the 
spilling of blood, Mrs. Rajavi called on the current UN General Assembly 
session to refer the dossier of the systematic violation of human rights in 
Iran, the collective and arbitrary executions, and the heinous crimes such as 
splashing of acid on women to the UN Security Council so that through binding 
decisions it would confront this medieval and in particular misogynic 
barbarism. She added that conducting negotiations and dealing with a 
bloodthirsty regime that honors no pact or agreement is a dagger in the heart 
of human rights and a betrayal of values and goals that the United Nations has 
been founded upon.

(source for 3 above: Secretariat of the National Council of Resistance of Iran)