[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Sept. 23



SOUTH AFRICA:

Home Affairs must know the law - court


Home Affairs Minister Malusi Gigaba must ensure his staff know the law applying 
to immigrants and deportations, the High Court in Pretoria ruled on Tuesday. 
Judge Eberhard Bertelsmann referred Gigaba to a previous Constitutional Court 
ruling involving the deportations of 2 Botswana nationals.

The court had found it was unlawful for the department to deport or surrender a 
foreign national facing the death penalty if deported without the requisite 
assurance being obtained.

In 2012, the Constitutional Court ruled that Jerry Phale and Emmanuel Tsebe 
could not be deported to Botswana before the South African government got 
assurances they would not face the gallows across the border.

Gaborone reportedly wanted to arrest the duo for the murder of their partners 
when they fled to South Africa.

Crimes including murder, treason, an attempt to kill the head of state, and 
military offences of mutiny and desertion, are punishable by death in Botswana.

On Tuesday, Legal Aid SA, joined by Lawyers for Human Rights (LHR), wanted the 
court to compel home affairs to find Botswana national Edwin Samotse and seek 
assurance that he would not face the death penalty if convicted of murder in 
that country.

Samotse, a wanted murder-accused in his home country, was deported on August 
13, 2014, despite a South African court order barring the extradition.

Bertelsmann said Samotse was denied the opportunity to consult his lawyers and 
hastily deported.

"The 1st respondent [Gigaba] is directed to have specific procedures for 
checking extradition requests from other countries and to have a specific 
procedure for ensuring that orders of no-surrender from the justice minister 
are brought to the attention of every immigration official."

He said Gigaba had until October 15, 2014 to tell the court what steps he had 
taken to implement the order.

"The 1st respondent is ordered to pay the applicant's costs, including the 
costs occasioned on August 13, 2014, including the cost of 2 counsel."

Gigaba was directed to investigate the deportation, and inform the court of his 
findings before October 14.

Bertelsmann said Samotse's whereabouts in Botswana had not been established. He 
ordered the Registrar of the High Court to ensure his ruling was delivered and 
brought to the attention of the Botswana High Court, or equivalent "as a matter 
of urgency".

Earlier, Bertelsmann said home affairs officials acted with flagrant disregard 
for human rights when they deported Samotse.

"It is obvious that the three Polokwane officials are prima facie guilty of 
having infringed the applicant's fundamental rights to life, dignity and a 
murder trial to which a shadow of the gallows does not fall," Bertelsmann said.

He ruled the deportation was illegal and unconstitutional.

"They may in fact have to, prima facie, face a charge of attempted murder for 
the unlawful exposure of the applicant to the death penalty."

LHR human rights lawyer David Cote said his organisation was very happy with 
Bertelsmann's ruling.

"Standard operating procedures must be brought in by the department so that 
such deportations will not take place in the future," said Cote.

He said LHR understood Samotse was in detention but had yet to stand trial in 
Botswana.

(source: The Citizen)






UNITED ARAB EMIRATES:

Family of dead maid refuses to accept blood money----4 sentenced to death for 
rape and murder ordered to pay blood money


The Sharjah Appeals Court has ordered 4 Emirati men, who were spared the death 
penalty after being convicted of murder in 2009, to pay blood money to the 
victim's family.

The ruling was issued on Monday.

The ruling was issued by presiding Judge Abdullah Al Shamisi.

Sharjah Appeals Court found the 4 Emirati men guilty of the charge of raping 
and killing an Ethiopian housemaid and chopping her body into pieces.

Meanwhile, the victim's family refused to pardon the killers or accept the 
blood money.

In 2010, The Sharjah Court of First Instance issued the death penalty to A.M., 
35, S.R., 32, H.A., 33, and A.J., 30, all Emiratis, for raping and killing an 
Ethiopian maid in what came to be known as the "Al Dhaid murder".

The verdict was handed down by Judge Yaqoub Al Hammadi and 2 other judges on 
the bench, Hussain Al Asoufi and Ahmad Awdh.

The Sharjah Police had earlier said it was one of the gravest crimes of its 
kind as it included rape, alcohol and murder.

According to court records, the 4 kidnapped an Ethiopian maid in Khor Fakkan, 
taped her mouth, pushed her into their Land Cruiser and took her to the desert 
in August 2009.

They raped her in Khor Fakkan, dragged her into their vehicle again, before 
driving to Al Dhaid mountains where the act was repeated.

Prosecutors said after raping her in Al Dhaid the men ran their SUV over her 
head and battered her with rocks before attempting to hide her body.

According to the police, in 2004, one of the killers had raped and killed a 
13-year-old Pakistani girl with 2 other accomplices. They were all sentenced to 
death, but he was forgiven by the victim's father.

Cases involving capital punishment automatically go to appeal.

Representatives from the Ethiopian consul attended the session and followed up 
the case with court on the behalf of the family.

The next hearing will be on October 27 to issue a final verdict.

(source: Gulf News)