[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Sept. 29



CHINA:

China Sentences 2 to Death for Mosque Attack


A court in China's far west has sentenced to death 2 teenagers for the killing 
of the head of the country's biggest mosque, state media reported, in a case 
that highlighted divisions in the violence-wracked Xinjiang region.

The Kashgar Intermediate People's Court on Sunday handed down the death penalty 
to Gheni Hasan and Nurmemet Abidilimit "on charges of forming and leading 
terrorist groups and murder", the official Xinhua news agency said.

A 3rd person, Atawulla Tursun, received a life sentence for "taking part in 
terrorist groups and murder", Xinhua said.

"The court said the gang, led by Gheni Hasan, was influenced by religious 
extremism and trained its members to murder patriotic religious figures," the 
report said.

The state-run China Daily newspaper on Monday gave Abidilimit's age as 19 and 
Hasan's as 18, though it identified Hasan as Aini Aishan, a Chinese 
transliteration.

Jume Tahir, the government-appointed imam of the 600-year-old Id Kah mosque in 
Kashgar, was killed on July 30.

The reports said Abidilimit and 2 others killed the imam, adding that the 
others were shot dead by police in an ensuing manhunt.

Citing the Xinjiang Daily newspaper, the China Daily said Hasan planned the 
killing because he believed the imam had distorted the meaning of the Koran, 
and that the killing of such an influential person would make an impact.

Xinjiang, home to China's mostly Muslim Uighur ethnic minority, has seen 
escalating violence which in the past year has spilled over into other parts of 
China.

Authorities have launched a crackdown and courts have meted out harsh sentences 
such as the death penalties given to 3 people earlier in September over a mass 
stabbing that left 31 people dead in the southwestern city of Kunming in March.

In August China announced the executions of eight people for "terrorist 
attacks", including three it described as "masterminding" a suicide car attack 
in Beijing's Tiananmen Square in October last year.

China blames unrest in the region on organised terrorists influenced by 
religious extremists and groups abroad.

Rights groups and analysts, however, say cultural and religious repression of 
Uighurs as well as massive immigration to the region by China's dominant Han 
ethnic majority have stoked tensions.

"The harsh sentences can't stop Uighur dissatisfaction," Dilxat Raxit, 
spokesman for exile group World Uyghur Congress, said in a message to AFP.

The Chinese government "should look for the root of this problem in its own 
policies", he added.

"Uighurs' religion and traditional lifestyle should be respected and 
provocations should be stopped to avoid new turmoil."

(source: Neharnet News)






PAKISTAN:

HR groups ask govt to honour commitments of moratorium on executions


Human rights groups are calling on the government of Pakistan to honour 
commitments made to the international community including the European Union in 
2013 and formally re-announce the moratorium on executions in the country 
instead of adopting an attitude of silence.

As the Lahore High Court Rawalpindi bench ruled this month to stay a session 
courts decision of 1998 that sentenced Shoaib Sarwar to death by execution, the 
law firm representing Sarwar, Justice Project of Pakistan (JPP) is demanding 
the federal government communicate terms of the moratorium to all courts to 
stop the execution from taking place. Granted a stay by LHC for one month, the 
death-row prisoner's stay period expires on October 13 and his lawyers at JPP 
fear that the court might reset an execution date for their client.

It is pertinent to note here that the current PML-N government had announced a 
moratorium on executions in 2013 after signing a trade agreement with the 
European Union for the lucrative General Schemes of Preference (GSP) Plus 
Status. The agreement which grants Pakistan preferential access to European 
markets was awarded by EU in recognition of Pakistan's ratification of 129 
international law conventions.

Since then, however, the government has been largely silent on its commitment 
and a clemency petition for Shoaib Sarwar filed by Justice Project of Pakistan 
is currently pending to no avail in the office of President Mamnoon Hussain.

Talking to The News, JJP spokesperson Shahab Siddiqi said Pakistan has the 
highest number of prisoners on death row with an estimate 8,500 persons 
awaiting execution. Siddiqi said the federal government had made agreements 
with EU on the basis of a moratorium on executions and should act before any 
unlawful executions take place in Pakistan.

The spokesperson for the law firm said the court should refrain from setting an 
execution date for Sarwar after the 1-month stay expires, as Shoaib Sawar is 
party to a petition filed in the Supreme Court for the abolition of death 
penalty.

Talking to The News, Shahab Siddiqi said the government must come to the 
defense of death row prisoners and forcefully restate its position on the 
pressing issue of death penalty. He alleged that Sarwar, who is currently a 
prisoner in Haripur jail, is being denied from meeting family members and 
lawyers by prison authorities.

Human rights advocate and member of Asian Human Rights Commission, Bushra 
Khaliq told The News that one of the requirements for the GSP Plus Status is 
compliance with international human rights law. Khaliq said if Pakistan wishes 
to maintain this special privilege, the government must commit to the struggle 
against death penalty and fulfill its obligations to EU. The activist said 
death penalty is a huge flaw of Pakistan's criminal justice system as false 
convictions by judges are rampant and often result in extreme inhumane 
punishments. She said almost all advanced democratic countries had abolished 
death penalty and were aware of its implications on the state of human rights.

Secretary General of Human Rights Commission of Pakistan (HRCP), IA Rehman 
talking to The News said several civil society groups had struggled for the 
abolition of death penalty and Shoaib Sarwar's execution would put all that to 
waste.

Rehman told The News that President of Pakistan Mamnoon Hussain should pardon 
Sarwar as the government's moratorium is still in place. He said HRCP had filed 
numerous petitions in the Supreme Court and would continue to fight against 
executions in Pakistan. The veteran activist said the previous Pakistan 
People's Party (PPP) government had spoken out against the death sentence and 
the current government should learn from its predecessor.

(source: The News)






SINGAPORE:

2005 Boon Lay murder: Man fails in bid to escape death penalty


A 39-year-old man who has been on death row for 5 years for knifing an elderly 
housewife more than 110 times in 2005 was on Monday denied the chance to escape 
the gallows.

Muhammad Kadar is the 1st convicted murderer to have his bid for re-sentencing 
rejected by the Court of Appeal since laws were changed last year giving judges 
the discretion to impose a life sentence instead of the death penalty for 
certain categories of murder.

Muhammad and his older brother Ismil 1st went on trial in 2006 for murdering 
their neighbour, Madam Tham Weng Kuen, 69, at her Boon Lay flat while robbing 
her.

The long-running trial, which lasted 3 years, saw many twists and turns, 
including Muhammad's stunning confession in court that he was the sole 
assailant although he had told police earlier that Mr Ismil was the main 
culprit.

Both were found guilty of murder by the High Court. Their appeal against 
convictions ended in a dramatic twist in 2011 when Mr Ismil was freed after the 
Court of Appeal cleared him of murder.

Earlier this month, Muhammad applied to the High Court for his case to be sent 
back to the High Court for re-sentencing. His lawyer Amarick Gill argued that 
the case fell within the category of murder with the intention of causing 
injury which would ordinarily lead to death - which would have given him a 
chance to be re-sentenced to a life term.

But on Monday, the Court of Appeal dismissed Muhammad's bid, ruling that his 
crime amounted to murder with the intention to cause death which still carries 
the mandatory death penalty.

Previously cases of convicted murderers who were re-sentenced to life 
imprisonment include that of Malaysian Fabian Adiu Edwin, who killed a security 
guard, Chinese national Wang Wenfeng who killed a taxi driver and Bangladeshi 
Kamrul Hasan Abdul Quddus who killed his girlfriend.

(source: The Straits Times)

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

Apex court affirms death sentence of murderer


The Court of Appeal today affirmed the death sentence imposed on Muhammad Kadar 
for the 2005 murder of his neighbour.

Muhammad, 38, was sentenced to death in 2009 with his older brother Ismil, 45, 
for murdering Mdm Tham Weng Kuen, 69, in her Boon Lay flat while robbing her. 
Mdm Tham, whose bedridden husband was in his room, bled to death from over 110 
stab wounds. In 2011, Ismil's conviction was overturned after the court was 
convinced that Muhammad was the sole assailant.

After Muhammad's conviction, changes were made to the Penal Code giving judges 
the discretion to spare offenders the death penalty for certain categories of 
murder. Muhammad applied for a clarification that he is guilty of murder under 
s300(c) - done with the intention of causing bodily injury sufficient to cause 
death - which would have enabled his case to be remitted back to the High Court 
for re-sentencing.

But the Court of Appeal ruled today that he had intended to cause Mdm Tham's 
death - a category of murder that mandates the death penalty.

The appeal judges noted that Muhammad had intended to silence his victim to 
prevent her from identifying him, and there was no way he could have done so 
unless he killed her. The majority of wounds inflicted on Mdm Tham were also to 
her head and neck, the most vulnerable parts of her body, said Judge of Appeal 
Andrew Phang, who heard the application with Justice Tay Yong Kwang and Justice 
Tan Siong Thye.

(source: todayonline.coim)






KIRIBATI:

Kiribati copycat killings of women trigger death penalty bill debate


The Kiribati government has pushed a new bill to reinstate capital punishment - 
a move said to be in response to public outrage over several violent murders 
this year. However, as Asia-Pacific Journalism reports, the government faces 
growing public opposition to the proposal.

The proposed reinstatement of the death penalty in Kiribati is triggering 
public criticism.

The Parliament of Kiribati late last month passed the 1st reading of an 
amendment to the penal code to permit the use of capital punishment in certain 
criminal cases.

This comes after the violent deaths of five Kiribati women this year, allegedly 
at the hands of their partners or husbands.

Taberannang Korauaba, editor of the Kiribati Independent, says the deaths 
sparked public outrage which motivated the government to push forward the 
proposed bill.

"The killings were seen as copycats and sparked criticism and public outcry," 
he says.

Kiribati President Anote Tong could not be reached for comment as he was 
currently visiting the Arctic. However, following the bill's 1st reading he 
said it would work as a deterrent for deliberate killings.

"Now you have different levels of murder and what people are saying is, you 
know there should be different degrees of punishment also given the severity 
and the gruesomeness or the brutality of the act," he told Radio Australia.

Referendum considered

According to the Kiribati parliamentary process, the bill cannot become law 
until it passes its 2nd reading in Parliament in December and is then signed 
off by the President.

In the meantime the government is forming a review committee and is considering 
holding a referendum to gauge the public's reaction to the proposal.

"There are mixed reactions to this bill, but based on what I read in our news 
is that many people oppose it," says Korauaba.

"I don't think it will work in a small country like Kiribati where people live 
close to each other. You even know what the other one is doing or eating. 
Imagine then, when the bill becomes law, how would the accused be executed, 
where, when, and who's going to do the execution?"

The 2 main Kiribati churches have publically opposed the bill, with both 
leaders of the Catholic Church and Kiribati Uniting Church saying capital 
punishment denies the right to life.

The chairman of the Kiribati council of churches, Bishop Paul Mea Kaiuea, says 
there is no evidence to suggest the death penalty will prevent murder.

"In Kiribati we already have life imprisonment for those who kill and we think 
this is more than sufficient for death penalty. The death penalty is a kind of 
a short cut to get rid of those who committed murder based on hatred and 
revenge.

Compassion cited

"As Christian churches we need to have compassion on those who commit murder, 
like Christ himself." Opposition leader Dr Tetaua Taitai says he does not think 
the death penalty addresses the reasons that motivate murder, such as the 
effects of alcohol or land disputes.

"As a deterrent for deliberate killings, as the President says, I do not agree 
with that as most of the killings from the perspectives of those committing 
them, they have their own reasons for committing them," he says.

"Killing the accused will not deter future incidents unless some of the root 
causes mentioned are tackled."

Kate Schuetze, Pacific researcher for Amnesty International, is surprised there 
has not been more public debate on the bill.

"I think they tend to underestimate the seriousness of such an issue when it 
comes up and dismiss it as something that will never happen. The Pacific 
culture is such that leaders are not directly challenged or questioned, which 
also makes opposition difficult."

Schuetze says she is worried Kiribati will repeat the actions of the Papua New 
Guinea government, which last year rushed through expanded death penalty laws 
in response to the gang rape and violent killings of women accused of sorcery.

Not taken seriously

"There was talk of this in advance, but no one took it seriously and a bill was 
only circulated days before it was passed," she says.

"In the Pacific it is not uncommon for laws to pass quickly without much public 
or parliamentary debate on the issue. I am worried that some governments do 
this deliberately to stop people voicing their opposition."

Tagaloatele Professor Peggy Fairbairn-Dunlop, professor of Pacific Studies at 
AUT University, says she is surprised she has not seen more of a response 
internationally from women in regards to the bill.

"Usually it's the women, in every Pacific society that I know, they've always 
been arguing against inhumane measures of life for life but this one is a total 
mystery for me," says Tagaloatele.

"I would have expected that the women's response would have been similar to 
that of the church, that it is not a Christian way and it is not a culturally 
strong way to address an issue although it is a great wrong to take a life."

2nd reading

Shamima Ali, coordinator of the Pacific Women's Network against Violence 
against Women, says the network is currently writing to the President to voice 
its concerns.

"State-sanctioned violence further desensitises people and contributes to the 
acceptance of vengeance and retribution as legitimate sanctions," she says.

"Governments must work with civil society to empower women in all areas of life 
and explore non-violent punishment which can actually deter crime, as well as 
work with men to address root causes of violence."

With opposition toward the bill growing, Dr Tetaua Taitai says the government 
will have to take this into account when it comes to the 2nd sitting of 
Parliament in December.

"I have a feeling that the President and the government party will change their 
mind when it comes to its second reading in December this year as the passage 
of its 1st reading was seen as a political ploy to show support for his 
constituency," he says.

"Now he knows that people are not supportive and therefore he will try to come 
up with a good reason for not supporting its 2nd reading in the next Parliament 
in December."

(source: Elesha Edmonds is an Inclusive Journalism Initiative (IJI) programme 
student journalist at AUT University; Pacific Scoop News)



PHILIPPINES:

Solon bucks plan to reimpose death penalty


After the Catholic bishops opposed a proposal coming from the Senate to restore 
death penalty, Buhay Party-list Representative Lito Atienza also objected to 
the proposed measure, citing his consistent stand for respect for life in all 
its forms.

"Reimposing the death penalty is not the solution to the breakdown in the 
country's peace and order situation. It is not and never will be an effective 
deterrent to the commission of crimes and will not address this serious 
problem," Atienza said.

Atienza was reacting to renewed calls made by some lawmakers in both chambers 
of Congress for the return of the death penalty following the spate of criminal 
activities.

Advocates of death penalty cited the following heinous crimes such as the 
recent daring daytime kidnapping perpetrated by policemen themselves along 
Edsa; the involvement of 7 cops in drug crimes; as well as the rape and killing 
of a 7-year-old girl in Pandacan, Manila; the killing of a village watchman who 
had responded to calls for help; the murder of a businesswoman in front of her 
husband 2 days ago; and the murder of the mother of actress Cherry Pie Picache.

These are all symptomatic of a serious breakdown in peace and order that is 
sadly not being taken seriously by law enforcement authorities, Atienza said.

Atienza said that while he sympathizes with the families of the victims of 
heinous crimes such as actress Cherry Pie Picache, he does not see the death 
penalty as an effective solution.

"The problem is the lack of effective and efficient law enforcement but the 
solution is not the death penalty - this will not stop the heinous crimes in 
the country."

Atienza pointed out that the present police system is in dire need of concrete 
reforms - from the investigation to the prosecution and judicial action.

Local government units down to the barangays must also be tapped and be 
actively involved in crime fighting, he said.

(source: Manila Standard Today)






AUSTRALIA:

'Terror raises need for death penalty'


With the emergence of horrific crimes of terrorism, it is time for Australians 
to take the gloves off and rethink their attitude to the death penalty.

I have been against it in the past but now, with terrorists planning to 
randomly behead innocent people, I wonder if we are being realistic about how 
we deal with this problem.

Such crimes can only be deemed as crimes against humanity.

Any militants whether religiously inspired or otherwise who threaten public 
safety and security in this country must be dealt with robustly and ruthlessly.

According to the experts, this is now a serious issue for Australians and it is 
probable that numerous radicals are determined to commit horrendous crimes 
here.

Is it realistic to simply jail these people?

The risks to prison staff would be immense and it begs the question - should we 
be required to feed, clothe and care for such monsters for the rest of their 
lives?

The Prime Minister has already been nominated as a target, so perhaps it would 
be prudent for him to put this issue on the agenda for further debate.

Bill Loudon

Bundaberg

(source: Letter to the Editor, News-Mail)






NIGERIA:

Mutiny - Have Mercy on Our Soldiers


"The right to life, coupled with the right to fair-hearing vested in every 
Nigerian, cannot be toyed with in any trial, whether administrative, court 
martial or even by the regular courts. Hence, to pass a death sentence on a 
citizen of this country without the fullest compliance with the rules governing 
jurisdiction, fair-hearing or want of due process, is a travesty of sections 6 
and 36 of the constitution, which provisions supersede any other laws, 
including martial laws,"

It was with grief and dismay that I read the story of the 12 soldiers who have 
been sentenced to death for alleged mutiny. They had protested alleged internal 
sabotage of the military in the ongoing war against the Boko Haram sect in the 
North-East.

The media was awash with the news that a military court sitting in Abuja had 
found 13 out of the 18 soldiers standing trial for mutiny and other offences 
guilty. 12 of the convicted soldiers were sentenced to death, 5 were discharged 
and acquitted, while the remaining 1 was jailed for 28 days, with hard labour. 
The soldiers had, on May 14, 2014 fired shots at the General Officer Commanding 
the newly created 7 Division of the Nigerian Army in Maiduguri, Maj. Gen. Ahmed 
Mohammmed. The court found them guilty of criminal conspiracy, mutiny and 
attempt to commit murder, insubordination and false accusation.

It is unfortunate that the soldiers, who have given their lives (many of them 
have lost their lives on the battle field) in a bid to protect the nation's 
sovereignty, have been condemned to death by the same nation they want to 
protect, just because of an action seen as insubordination. As expected, the 
death sentence has generated reactions from well-meaning Nigerians.

Femi Falana, a Senior Advocate of Nigeria, has also questioned the death 
sentence on the ground that the 18 soldiers were erroneously charged under 
section 52(1) of the Armed Forces Act Cap A20 Laws of the Federation of 
Nigeria, 2004. According to him, "Fortunately, the General Officer Commanding, 
whose car was shot at, was not killed. Hence, the soldiers were charged with 
attempted murder, which does not attract the death penalty.

"In the circumstance, the 12 convicts should have been charged under section 
52(2) of the Armed Forces Act, which provides for life imprisonment. In the 
case of the Akure 27, the convicted soldiers were equally charged with mutiny 
but convicted and sentenced to life imprisonment."

In a similar vein, the Trade Union Congress of Nigeria (TUC) also condemned the 
death sentence. While applauding the efforts of the military in maintaining 
discipline, the TUC insisted that death sentence was off the mark.

It must be said that the accused soldiers are human who are capable of becoming 
agitated when their colleagues were killed as a result of carelessness of the 
federal government, which was represented by the GOC so attacked. In any case, 
why was the GOC in question recalled and immediately retired?

The fact that these soldiers are more interested in defending the nation than 
pursuing personal gains should be placed above every military legal 
consideration. So do not kill the soldiers, please.

(source: Opinion; Moshood Isah, Daily Trust)

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

Why it's difficult to plead for convicted soldiers


Nigerians have been commenting on the social media, pleading for the pardon of 
the 12 soldiers convicted of mutiny by the Army last week.

Most of those who have been talking on the development have no military 
background, and are, therefore, entitled to their opinions. Some even want the 
soldiers freed because what they rebelled against was justified. They cited the 
soldiers' lack of weapons to confront the Boko Haram terrorists.

The decision to execute or pardon the soldiers lie solely in the hands of the 
President and Commander-in-Chief of the Nigerian Armed Forces, Dr Goodluck 
Jonathan.

However, I want to say that the soldiers were aware that any rebellious act 
against a superior authority is called mutiny, and the judgment for such is the 
death penalty.

If the Nigerian Army soft pedals on every mutinous act, then it is no longer an 
army, and any group of soldiers can just wake up in any barrack around the 
country, and rebel against their General Officer Commanding (GOC) because they 
don't like his leadership style.

As a human being, I don't really wish that these soldiers should be executed; I 
don't even think the president would accept such, but it is high time that 
soldiers started fearing constituted authorities, and not doing so forms the 
basis for coups.

Ezekiel Gadam,

Jos, Plateau State.

(source: Letter to the Editor, Nigerian Tribune)






SOMALIA:

Military Court sentences 3 soldiers to death penalty for armed robbery


Mogadishu (RBC) Somalia's Military Court on Sunday sentenced 3 soldiers of the 
Armed Forces to death penalty after prosecuting them on armed robbery against 
civilian vehicles between Mogadishu and Afgoyoe weeks ago.

The court's verdict came after the military tribunal finalized investigations 
through the alleged armed robbery which the 3 soldiers involved.

"After finding testimonials of the victims with the defendants' written and 
verbal admitted to have committed the armed robbery against 2 civilian 
passenger buses between Mogadishu and Afgooye, the court ruled the death 
penalty," the Military Court Judge said.

The Court also ruled that the convicted soldiers can still have their appeals 
to the Supreme Military Court within 30 days before their death sentence is 
executed as a final decision.

The military court spokesman Colonel Abdullahi Muse Keyse said the court freed 
a 4th soldiers after finding no guilty on the alleged crime.

Armed robberies, gang rape and and killings are among the highest crime acts in 
Somalia which most of them are carried out by armed soldiers and some of them 
to have rlated to the government forces.

Last Month, Somali Military Court warned that any armed soldier found on 
robbery or rape will be executed in a bid to restore the peace and stability of 
many regions in the country???s south and central regions.

(source: raxanreeb.com)