[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

April 8



PAKSITAN----executions

2 more death row convicts executed in Pakistan



2 death row convicts were executed in Pakistan on Wednesday morning, ARY News 
reported

According to details, a convict Ameer Hamza was hanged to death in Balochistan 
province's Machh Jail after his mercy plea was rejected by President of 
Pakistan Mamnoon Hussain.

Additional Session Judge Sibi awarded death penalty to Ameer Hamza back in 2004 
for killing a citizen over a minor dispute in 1995.

It was the 1st execution in Balochistan after a long break of 7 years.

Meanwhile, another death row convict Sikandar was executed in Central Jail 
Bahawalpur. Sikandar, a former foot soldier of Pakistan Army, was awarded death 
penalty by a military court.

The former army man killed a fellow soldier in Sukkur back in 2002.

Pakistan lifted the moratorium on death penalty on Dec. 17, a day after 
Pakistani Taliban gunmen attacked Army Public School in Peshawar and killed 134 
students and 19 adults.

The moratorium, in force since 2008, was initially lifted only in terrorism 
cases. But the government extended the order in March, directing provincial 
governments to proceed with hangings for all death row prisoners who have 
exhausted their appeals and clemency petitions.

(source: arynews.tv)

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

Would a Modern Death Penalty be Kosher for Israel?----Many Religious Zionists 
push for the implementation of the death penalty for convicted terrorists. 
Rabbi Dr. Jeffrey Woolf explains why.



Is the death penalty kosher?

After last year's prisoner releases and the relapse of several terrorists since 
being traded for Gilad Shalit in 2011, the calls to prevent those sorts of 
trades in the future have driven people to call for the death penalty in 
Israel. Some people may not realize that the death penalty is actually already 
a legal option for Israeli prosecutors, but as an unwritten rule they never 
seek it. The one historic exception was the conviction and execution of Adolf 
Eichmann.

The major parties advocating for a broader application of the death penalty - 
or any use of it - are Jewish Home and Yisrael Beytenu. Yisrael Beytenu has 
already submitted a bill before the new Knesset that would demand anyone 
convicted of murder under terrorist circumstances be executed by the state.

"There's no question on the one hand that rabbinic tradition is allergic to the 
death penalty, even though the Torah allows for it," says Rabbi Dr. Jeffrey 
Woolf, who is a Senior Lecturer in the Talmud Department at Bar Ilan 
University. "Effectively, rabbinic tradition makes it impossible in terms of so 
many caveats and conditions that make it effectively impossible to fulfill."

"The death penalty becomes declarative rather than a deterrent," says Rabbi 
Woolf, describing an effect that delineates normative behaviors in society. He 
points to the first mishnah in the 1st chapter of Talmudic tractate Makkot as 
laying out the principle:

"A Sanhedrin that puts to death 1 person every 7 years is called destructive; 
Rabbi Eliezer ben Azaria says: Even once in 70 years. Rabbi Tarfon and Rabbi 
Akiva say: Had we sat in the Sanhedrin, no person would ever have been put to 
death (Makkot 1:10)."

Yet, Halachah has not completely stripped Jewish judges or governors of the 
ability to employ execution in order to govern.

"We have the mishnah in Sanhedrin (9:5) that proscribes if murderer gets off on 
technicality you imprison him to die of natural causes, which is effectively a 
death penalty."

However, there is another principle that allows a Jewish court to implement 
capital punishment even absent the list of requirements which are usually 
standard in Halachah.

"A court has the right to impose penalties or punishments that aren't 
warranted, justified or mandated. There are a bunch of cases where someone was 
caught riding a horse on the Sabbath and that person was executed. It was not 
justified in court, but it was deemed necessary. The line was critical 
throughout the Middle Ages to allow for many penalties."

"It happened more in Spain than in Ashkenaz. In Spain, there were cases where 
someone who endangered the entire Jewish community by striking deals with the 
authorities or undermining sovereignty of Jewish community by informing on it. 
In such cases the court is actually allowed to execute people."

Menachem Ratson explains in the journal Hebraic Political Studies that "The 
court's authority to administer abnormal punishment depends on a situation in 
which 'the people have become lax and made a breach in a certain matter.'"

"When the Rosh (Rabbenu Asher) fled to Spain, he was surprised (by the 
executions the community was conducting) but in principle not against it," 
highlights Rabbi Woolf.

The Rosh is quoted as having said (Responsum, Rosh, 17:8), "...You surprised me 
greatly by your inquiries about capital jurisdiction. For in all the countries 
of which I have heard, there is no capital jurisdiction, except here in Spain. 
And I was astonished to discover upon my arrival that the courts adjudicate 
capital matters in the absence of a Sanhedrin, and they informed me that they 
had governmental authorization, and the community used its jurisdiction to 
save... and I permitted them to persist in their custom, but I never gave my 
consent to an execution..."

"My point is that the constitutional basis for the use of the death penalty 
definitely exists but there is fundamental allergy to using it," explained 
Rabbi Woolf.

When asked what the implications might be philosophically for streams of 
Religious Zionism, Rabbi Woolf felt that while it was related, we were 
ultimately discussing a different topic.

Is there any distinction between Jews and non-Jews who might face capital 
punishment from a Jewish court? "Non-Jews are not part of the discourse, which 
brings other broader issues in society to the table like issues of Jewish 
sovereignty."

"Establishing a medinat Halachah (Halachic state) or the restoration of the 
Sanhedrin, I think, are completely separate issues. Is it something society 
needs or might fall apart without it? Then it's definitely possible. Is it 
actually desirable? Now, that's a policy issue."

(source: Israel National News)








INDONESIA:

Indonesians support executing drug smugglers----More than 8 in 10 Indonesians 
interviewed supported death sentence



More than 8 in 10 Indonesians support President Joko Widodo's stance on the 
death penalty for drugs traffickers, a survey has shown.

The poll from Jakarta-based Indo Barometer found more than 84 % supported 
Widodo's policy of refusing clemency to those convicted of smuggling drugs - 
allowing them to be executed by firing squad.

The results come after Indonesia executed 6 prisoners in January, including 5 
foreigners, and as a further batch of 10 death row inmates await imminent 
execution on Nusa Kambangan prison island.

Among them are Australians Andrew Chan and Myuran Sukumaran, who had their 
appeals against Widodo's refusal of clemency rejected Monday.

Indonesia ended a 4-year moratorium on judicial killings in 2013.

Ecin Suciatin, 32, exemplifies the majority opinion among Indonesians. She has 
demonstrated at Nusa Kambangan, off the southern coast of Central Java, to call 
for the 9 condemned men and 1 woman to be executed immediately, travelling for 
seven hours from her home in Tasikmalaya, West Java, by motorbike to make her 
point.

"One of my family is [a] drug user," she told The Anadolu Agency on Tuesday, by 
way of explaining her support for the death sentence. She declined to explain 
further, saying the situation brought "shame" on her family.

"I hope no other family suffers because of the loss of their children or 
brothers," she said.

Widodo's policy has also received staunch support from the country's 2 biggest 
Muslim organizations, the Nahdlatul Ulama and the Muhammadiyah.

"We stand behind the president," Said Aqil Siradj, chairman of Nahdlatul Ulama, 
told AA.

The survey, released Monday, interviewed 1,200 people from March 15-25 in all 
of Indonesia's 34 provinces.

Nearly 61 % supported the death sentence because they were concerned about the 
impact of drugs on young people while almost 24 % said capital punishment would 
provide a deterrent effect.

Indo Barometer's Executive Director Muhammad Qodari said international pressure 
and criticism of Widodo's stance had stirred national sentiment among 
Indonesians, adding that the policy had contributed to the president's 
increased popularity.

Aside from drug trafficking, 53 % of respondents said they were in favor of the 
death penalty for corruption while 16 % supported it for murderers and 4 % 
thought it should be applied to sex offenders.

Benny Juliawan, of Sanata Dharma University, criticized the use of the death 
penalty, saying it was inconsistent with human values and was being used as a 
tool of vengeance.

He said: "Fighting evil with evil gives rise to another question - what is the 
difference between us and them [the criminals]? It will not solve the problem."

(source: videonews.us)

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

Death row Filipina's family begs Indonesia for her life



The family of a Filipina on death row in Indonesia made a tearful appeal for 
her life today, insisting that an international drug syndicate duped the single 
mother of 2.

Mary Jane Veloso, 30, has been in an Indonesian jail for 5 years after being 
caught at Yogyakarta airport with 2.6 kilogrammes (5.73 pounds) of heroin, and 
is among a batch of foreigners facing imminent execution.

But in an interview with AFP in Manila, her parents and sister said a crime 
syndicate involving a friend had deceived her, and she did not know the drugs 
had been sown into her suitcase before flying from Malaysia.

"Please don't kill my sister. She is innocent. If you kill her, you will have 
blood on your hands," Veloso's elder sister Marites Veloso-Laurente said in a 
plea to Indonesian President Joko Widodo.

With tears streaming down his cheeks, Veloso's father said the syndicate that 
used her as an unwitting drug mule had pledged to kill all family members if 
they reported the racket to authorities or went to the media.

"Life's been hard. We've been living in fear. My daughter's recruiters have 
been threatening us... they threatened to kill us 1 by 1," said 59-year-old 
Cesar Veloso.

The family is from a poor farming town about 3 hours' drive north of Manila, 
and Veloso had sought to provide for her 2 young sons by working as a maid 
overseas.

The single mother initially worked for 9 months in Dubai in 2009 but was forced 
to come home after her employer tried to rape her, according to her father.

A family friend then offered Veloso work as a maid in Malaysia.

When Veloso got to Malaysia she was told the job was no longer available but 
there was another one in Indonesia if she flew there immediately, according to 
her parents.

"My sister's a loving person, she's so kind. But she trusts too much. We don't 
engage in vices or anything illegal, no cigarettes, no alcohol," her elder 
sister said.

When Veloso was arrested, her sons were aged just 1 and 7 and they too have 
become victims.

"It's as if they lost all hope ... they are worried about what would happen to 
them if their mother never came back," the Veloso matriarch, Celia, said as her 
2 grandsons sat quietly next to her.

She said the eldest son, Mark Daniel Candelaria, 12, was struggling at school 
and may have to repeat eighth grade.

Veloso's youngest, Mark Darren, 6, copes by singing his mother's favourite 
song, a Filipino ballad called: "Just wait", which has become an anthem of hope 
for the family.

Poverty trap

Veloso's mother, 55, insisted that if her daughter was involved in the drug 
trade, her family would have seen some benefits of it.

Instead, she shares a cramped brick and wood shanty with her husband and 6 
grandchildren, including Veloso's sons.

"We beg you, Mr Indonesian president, if my daughter was involved in drugs, we 
wouldn't be this poor," she said.

About 10 million Filipinos work overseas, with most heading abroad to escape 
deep poverty.

Many work in menial jobs or face dangerous work conditions, but even salaries 
of US$300 (RM1,086) a month are more than can be earned at home.

The government has previously warned Filipinos heading abroad about the dangers 
of drug traffickers trying to exploit or dupe them.

The are 125 Filipinos on death row around the world, with many of them 
convicted of drug trafficking, Connie Bragas-Regalado, chairperson of overseas 
workers' rights group Migrante, told AFP.

The Indonesian Supreme Court last week denied Veloso's request to review her 
conviction.

The Philippine government said today it would file a 2nd appeal.

Veloso's parents and sons also visited the Indonesian embassy in Manila today 
to lodge a letter appealing to Widodo for mercy.

Aside from Veloso, convicts from Australia, Brazil, France, Ghana and Nigeria 
are set to face a firing squad after they had their requests for presidential 
clemency rejected.

The death penalty was abolished in the mainly Catholic Philippines in 2006.

(source: themalaymailonline.com)

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

Still options open for Australians to avoid death penalty



Australia is doing everything it can to save 2 drug smugglers facing the firing 
squad in Indonesia, Prime Minister Tony Abbott said on Wednesday after the pair 
lost its latest legal appeal.

On Monday a Jakarta court dismissed Andrew Chan and Myuran Sukumaran's 
challenge against the rejection of their pleas for clemency.

Indonesia's legal chief then said they had exhausted all options to avoid the 
death penalty, but their lawyers insist legal avenues remain open.

"We are continuing to do everything we possibly can for them," Abbott told 
reporters in Sydney in his first comments since Monday's decision.

"That's what we're doing ... everyone knows Australia's position on the death 
penalty."

Sukumaran, 33, and Chan, 31, the ringleaders of the so-called 'Bali 9' drug 
trafficking gang, were sentenced to death in 2006 for trying to smuggle heroin 
out of Indonesia.

Their appeals for clemency, typically a death row convict's final chance of 
avoiding the firing squad, were rejected earlier this year by Indonesian 
President Joko Widodo.

In Monday's ruling, the State Administrative Court upheld a decision that it 
does not have the authority to hear a challenge to Widodo's rejection.

Abbott said he had spoken to the Indonesian leader again about the Bali pair.

"I've had a number of conversations with President Widodo on this issue. I'm 
not going to go into what was said, but I have certainly made our position very 
clear," he said.

Indonesia executed 6 drug offenders in January, including 5 foreigners, 
prompting a furious Brazil and the Netherlands - whose citizens were among 
those put to death - to recall their ambassadors.

(source: The Malaysian Insider)

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

Death penalty a FLAWED tool to tackle crime



Last November, shortly after taking office, Indonesia President Joko "Jokowi" 
Widodo announced the resumption of executions - mainly of drug traffickers - to 
tackle soaring crime rates linked to a "national drugs emergency".

The many of us who had hoped his presidency would mean a new era for human 
rights were deeply disappointed.

The news of 6 executions this year - and dozens more lives apparently at 
imminent risk - has confirmed our worst fears.

A dark trend was starkly evident last year - governments using the death 
penalty in a misguided, and often cynical, attempt to tackle crime and 
terrorism.

Amnesty International has released its annual review of the death penalty 
worldwide, and much of it makes for grim reading.

In Pakistan, the government lifted a 6-year moratorium on the execution of 
civilians in the wake of the horrific Taleban attack on a school in Peshawar 
last December.

More than 50 people have been put to death since, and the government has 
threatened to send thousands more death row prisoners to the gallows.

Iran and Iraq were among other countries to execute people for "terrorism" last 
year, while other states made moves in that direction by expanding the scope of 
capital crimes in their penal codes.

In a year when abhorrent summary executions by armed groups were branded on the 
global consciousness like never before, it is appalling that governments are 
themselves resorting to more executions in a knee-jerk reaction to terrorism.

Like Indonesia, other states made use of executions in similarly flawed 
attempts to address - or appear to address - crime rates.

Jordan ended an 8-year moratorium in December, putting 11 murder convicts to 
death, with the government saying it was a move to end a surge in violent 
crime.

Governments using the death penalty to tackle crime and security threats are 
either deceiving themselves and the public or, in some cases, cynically 
attempting to look effective by executing people.

But there is no evidence that the threat of execution is more of a deterrent to 
crime than a prison sentence.

This fact has been confirmed in multiple studies in many regions around the 
world, including by the UN.

While the death penalty is always a human rights violation, there are many 
issues in Indonesia - in particular around fair trial concerns - that make its 
use especially troubling.

Investigations by human rights groups have found that individuals sentenced to 
death have been tortured and forced to sign police investigation reports.

Many are not provided with lawyers, in particular after arrest and during 
interrogation.

Widespread reports of corruption in the police and judiciary and Indonesia's 
decades-old penal code - which does not provide adequate protection from 
torture, for example - compound these issues.

One recently uncovered case involved Yusman Telaumbanua, from Nias island, who 
was only 16 when he was arrested and sentenced to death for murder, despite 
both international and national law banning the imposition of the death penalty 
against juveniles.

A local human rights group exposed how Yusman had been tortured into a 
"confession" by police, who also allegedly fabricated his age.

With so many questions around the fairness of trials in Indonesia, how can the 
government be sure that innocent people will not be put to death?

It is high time that world leaders, including Jokowi, stop using the death 
penalty as a response when times get tough.

The death penalty is not the solution to crime and terrorism. Its use does not 
make us safer.

Thankfully, most of the world appears to have come around to this fact.

In 1945, when the UN was founded, only 8 countries had abolished the death 
penalty; today 140 states are abolitionist in law or practice.

Last year, Amnesty International recorded executions in 22 countries around the 
world - almost 1/2 the number or 41 just 20 years ago.

Despite the troubling developments we recorded in 2014, there was still much 
good news.

The number of executions dropped significantly compared to 2013, from 778 to 
607.

However, this number does not include China, where more people are put to death 
than the rest of the world put together, but with death penalty statistics 
treated as a state secret, the true figure is impossible to determine.

Those governments that still execute need to realise that they are on the wrong 
side of history, and join the vast majority of countries who have dropped the 
ultimate cruel, inhuman and degrading punishment.

Campaigning for an end to the death penalty remains an uphill task, but Amnesty 
International and many others are determined to make the world free of this 
punishment.

By this time next year, we hope we will have even more good news to report, and 
that no more people will have been put before the firing squad in Indonesia.

(source: Josef Benedict is Amnesty International's Indonesia campaigner; 
thaivisa.com)








VIETNAM:

Death penalty restrictions discussed ---- Lawmakers yesterday discussed 
abolishing the death penalty for several crime categories as well as criteria 
for commuting capital punishment sentences to life imprisonment.



The topics came up as the National Assembly (NA) Standing Committee reviewed 
provisions of the revised Penal Code.

The revised Penal Code will consist of 26 chapters and 427 clauses. 87 clauses 
have been added and changes made to 370.

The revisions are expected to make the Penal Code more transparent and 
effective, said Justice Minister Ha Hung Cuong.

One issue that generated heated debate was death penalty restrictions.

Nguyen Van Hien, Chairman of the NA Justice Committee, said most members agreed 
with the Government proposal to restrict death penalties by reducing the number 
of crime categories that would attract the final punishment.

It not only reflected the State's humanitarian approach, but would also further 
judicial reform, he said.

Under the revised law, the number of crimes that can attract the death penalty 
will be reduced from 22 to 14. However, several lawmakers said that for some 
dangerous crimes, the law should only consider commuting the death sentence to 
indefinite life imprisonment.

NA Vice Chairman Huynh Ngoc Son argued that the death penalty should not be 
abolished for the most serious crimes of breaching peace, waging aggressive 
wars, crimes against humanity and war crimes.

Chairwoman of the NA Committee for Social Affairs, Truong Thi Mai agreed with 
the draft that the death penalty is not imposed on criminals aged 70 and above, 
saying it would bring align the law with global standards.

However, Son disagreed, saying people in their 70s generally had the physical 
and mental capabilities to continue perpetuating crimes, including functioning 
as the head of criminal organisations.

NA Chairman Nguyen Sinh Hung emphasised that amendments to the Penal Code 
should be in line with the spirit of the 2013 Constitution, particularly on 
people-related issues. He asked relevant agencies to continue working on the 
draft before submitting it to the NA again.

Hien said that the regulations on abolishing the death penalty for certain 
crimes must be considered carefully.

He noted that for drug trafficking, law assessment agencies said have that the 
crime has become more professional with well-organised stages - production, 
storage, transportation and sales. Sentencing drug traffickers to death could 
act as an effective deterrent against the crime, he said.

Chairman of the NA Nationalities Council, Ksor Phuoc, said the draft law should 
restrict punishments for illegal drug carriers and impose the death penalty 
only for heads of drug gangs.

The revised law also regulates that criminals who co-operate with investigators 
and other law enforcement agencies and voluntarily hand over at least half of 
their ill-gotten money or property will be exempted from the death penalty.

The ongoing 37th session of the 13th National Assembly Standing Committee will 
close on Friday, April 10.

(source: saigon-gpdaily.com)

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

Vietnam legislators debate reducing death penalties; some suggest completely 
scrapping capital punishment



Some lawmakers in Vietnam have proposed getting rid of capital punishment, 
saying it is not in line with the spirit of the Constitution, whereas others 
have suggested maintaining the death penalty for drug offenses.

At a meeting in Hanoi on Tuesday, Minister of Justice Ha Hung Cuong presented a 
proposal on the abolition of the death penalty for 7 crimes under the current 
Penal Code to the National Assembly.

These crimes include plundering property; destroying important national 
security works and/or facilities; disobeying orders in the military; 
surrendering to the enemy, which is applicable in the army; undermining peace, 
provoking aggressive wars; crimes against mankind; and war crimes.

If the amendments are approved, the number of crimes subject to the death 
penalty in Vietnam will be reduced to 15 from the current 22.

"The Constitution stipulates that everybody has the right to life but this 
stipulation has yet to be fully enforced," Phung Quoc Hien, chairman of the 
National Assembly Committee for Finance and Budget, said at the meeting.

"Reading the proposed revisions to the Penal Code, I find that there remain 
many regulations that claim the lives of offenders," he added.

He underlined that lifting the death penalty for only 7 offenses is not enough, 
and not pursuant to the spirit of the Constitution either.

Sharing the same view with Hien, Chairman of the National Assembly Council of 
Ethnic Affairs Ksor Phuoc said, "If we are to build a civilized, law-governed 
state, we should gradually and then completely eliminate capital punishment."

Phuoc suggested that law experts consider applying life imprisonment without 
commutation in place of the death penalty to people committing serious crimes.

Regarding the said seven crimes, Nguyen Doan Khanh, deputy head of the Central 
Party Committee's Commission for Internal Affairs, said that capital punishment 
should be retained for the charges of undermining peace, provoking aggressive 
wars, crimes against mankind, and war crimes.

"It is our policy to express our love for peace and opposition to war, so we 
need to maintain the death penalty for such offenses," Khanh said.

He also advised that capital punishment not be waived for the 2 charges of 
disobeying orders in the military and surrendering to the enemy, which is 
applicable in the army.

Regarding death sentences for people subject to drug charges, he said that the 
heaviest penalty should not be abolished when it comes to transporting or 
stockpiling drugs, and should be maintained only for those who lead or organize 
the transport or storage of drugs at a serious level and for a long time.

At a previous meeting, Deputy Chairman of the National Assembly Uong Chu Luu 
said that the abolition of the death penalty has been recommended for several 
crimes but that punishment will still be applied to those convicted of 
corruption as the highest sanction.

Among the amendments to the Penal Code is a suggestion that capital punishment 
should be commuted to a life sentence if the convicted can submit to competent 
agencies at least 1/2 of the money or property they have gained from their 
crimes; actively work with investigators on detecting, investigating, and 
handling criminals; or achieve a great feat.

(source: Tuoi Tre News)



BANGLADESH:

HRW wants moratorium on death penalty



The Bangladesh government should impose a moratorium on death penalty and 
quickly join the growing number of countries that have abolished this practice, 
said Human Rights Watch (HRW), a New York-based global rights body.

"The death penalty is an irreversible and cruel punishment that is made even 
worse when the judiciary fails to fully review such sentences," said its Asia 
director Brad Adams.

He said Bangladesh Supreme Court's rejection of the death penalty review 
petition for war criminal Muhammed Kamaruzzaman permits his imminent execution.

Kamaruzzaman, a leader of the Jamaat-e-Islaami party, was convicted of war 
crimes committed during Bangladesh's War of Independence in 1971.

The authorities should immediately stay Kamaruzzaman's death sentence pending 
an independent review of his case.

Kamaruzzaman's death sentence was upheld on appeal in November 2014.

Following the publication of the full text of the judgment against him, he 
filed for an independent review of his sentence to the Appellate Division of 
the Supreme Court on March 5, 2015.

"Without hearing the application on its merits, the country's highest court 
summarily rejected his petition and upheld the death sentence," the HRW said.

Kamaruzzaman was arrested in July 2010 on the orders of the International 
Crimes Tribunal (ICT), which was set up to address the atrocities committed 
during the 1971 war which led to independence for Bangladesh from Pakistan.

The rights body said Kamaruzzaman was given no reason for his arrest, leading 
the United Nations Working Group on Arbitrary Detention to classify his arrest 
as arbitrary and a violation of international law.

At his trial, it said, the court arbitrarily limited the ability of the defence 
to submit evidence, including witnesses and documents. "The court denied the 
defence the opportunity to challenge the credibility of prosecution witnesses 
by rejecting witnesses' earlier statements that were inconsistent with their 
trial testimony. The court denied a defence application to recuse 2 judges for 
prior bias."

"Human Rights Watch has long supported justice and accountability for the 
horrific crimes that occurred in 1971, but these trials need to meet 
international fair trial standards to properly deliver on those promises for 
the victims," Adams said, adding, "Delivering justice requires adhering to the 
highest standards, particularly when a life is at stake. The conduct of 
Kamaruzzaman's trial cannot be said to have met those standards."

The HRW reiterated its longstanding call for Bangladesh to impose an immediate 
moratorium on the death penalty.

According to statements of UN human rights experts and various UN bodies, the 
death penalty is inconsistent with international human rights law.

The UN Human Rights Committee, which interprets the International Covenant on 
Civil and Political Rights, to which Bangladesh is a state party, has said "in 
cases of trials leading to the imposition of the death penalty, scrupulous 
respect of the guarantees of fair trial is particularly important" and that any 
death penalty imposed after an unfair trial would be a violation of the right 
to a fair trial.

Bangladesh should join with the many countries already committed to the UN 
General Assembly's December 18, 2007 resolution calling for a moratorium on 
executions and a move by UN member countries toward abolition of the death 
penalty.

The HRW opposes the death penalty in all circumstances as an inherently cruel 
punishment.

(source: prothom-alo.com)

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

HRW calls for moratorium on death penalty



The Human Rights Watch has reiterated its longstanding call for Bangladesh to 
impose an immediate moratorium on the death penalty.

The death penalty is inconsistent with the international human rights laws, 
according to statements from UN human rights experts and various UN bodies, the 
New York-based rights body said in a press release yesterday.

The Bangladesh Supreme Court's rejection of the death penalty review petition 
for Muhammed Kamaruzzaman permits his imminent execution, the HRW mentioned in 
its statement.

Terming the trial "seriously flawed", the statement further said, "The 
authorities should immediately stay Kamaruzzaman's death sentence pending an 
independent review of his case."

HRW called upon Bangladesh to join with countries already committed to the UN 
General Assembly's December 18, 2007 resolution, calling for a moratorium on 
executions and a move by UN member countries towards abolition of the death 
penalty.

"The Bangladesh government should impose a moratorium on the death penalty and 
quickly join the growing number of countries that have abolished this barbaric 
practice," said Brad Adams, Asia director at HRW. "The severity of the offence 
in question provides no justification for its continued use."

Human Rights Watch opposes the death penalty in all circumstances as an 
inherently cruel punishment, the rights organisation said in the release.

The UN Human Rights Committee, which interprets the International Covenant on 
Civil and Political Rights, to which Bangladesh is a state party, has said that 
"in cases of trials leading to the imposition of the death penalty, scrupulous 
respect of the guarantees of fair trial is particularly important" and that any 
death penalty imposed after an unfair trial would be a violation of the right 
to a fair trial, the release said.

Kamaruzzaman, a leader of the Jamaat-e-Islami, was convicted of war crimes 
committed during Bangladesh's War of Independence in 1971.

His death sentence was upheld on appeal in November 2014. Following the 
publication of the full text of the judgment against him, he filed for an 
independent review of his sentence to the Appellate Division of the Supreme 
Court on March 5, 2015.

"Without hearing the application on its merits, the country's highest court 
summarily rejected his petition and upheld the death sentence," the HRW 
claimed. "The death penalty is an irreversible and cruel punishment that is 
made even worse when the judiciary fails to fully review such sentences," Adams 
said. "Bangladesh's war crimes trials have been plagued by persistent and 
credible allegations of fair trial violations that require impartial judicial 
review."

Kamaruzzaman was arrested in July 2010 on the orders of the International 
Crimes Tribunal, which was set up to address the atrocities committed during 
the 1971 war which led to independence for Bangladesh from Pakistan. He was 
given no reason for his arrest, leading the United Nations Working Group on 
Arbitrary Detention to classify his arrest as arbitrary and a violation of 
international law, the release said.

At his trial, the court arbitrarily limited the ability of the defence to 
submit evidence, including witnesses and documents, the HRW statement claimed.

The court denied the defence an opportunity to challenge the credibility of 
prosecution witnesses by rejecting witnesses' earlier statements that were 
inconsistent with their trial testimony, it said.

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

Kamaruzzaman gets time to decide on seeking mercy



Death-row war criminal Muhammad Kamaruzzaman has been given time to talk to his 
lawyers to consult whether to seek presidential clemency.

Shishir Monir, a defence counsel of the Jamaat assistant secretary general, 
told The Daily Star that authorities of the Dhaka Central Jail, where he has 
been kept, granted the defence a chance to talk to Kamaruzzaman at 11:00am 
tomorrow.

Earlier today, Kamaruzzaman was read out his verdict at jail around 6:00pm, 
sources inside the jail said.

At 5:44pm, Md Aftabuzzaman, deputy registrar of ICT, told The Daily Star he was 
en route to hand over the copy of the verdict to prisons authority and Dhaka 
district magistrate.

The registrar office of the International Crimes Tribunal received the 36-page 
verdict around 4:30pm after the Supreme Court dispatched it to authorities 
concerned.

Kamaruzzaman has no way out of the gallows except for seeking mercy.

Justice AHM Shamsuddin Choudhury Manik has written the draft of the verdict, 
which was approved by Chief Justice Surendra Kumar Sinha last night.

Earlier today, the draft was sent to the chief justice, Justice Md Abdul Wahhab 
Miah and Justice Hasan Foez Siddique. After scrutiny, they approved it.

The jail authorities cannot execute Kamaruzzaman unless they get a copy of the 
SC verdict, Attorney General Mahbubey Alam told The Daily Star yesterday.

In May 2013, the International Crimes Tribunal-2 handed Kamaruzzaman, key 
organiser of infamous Al-Badr force in greater Mymensingh in 1971, death for 
committing crimes against humanity, including mass killings in Sohagpur of 
Sherpur, during the Liberation War.

After he appealed against the verdict, the SC upheld the ICT decision on March 
7. But the convict sought review of the judgment. Finally, his review petition 
was rejected on Monday by the four-member SC bench headed by the chief justice.

It left him with only one option - to seek presidential clemency.

As per the jail code, a convict gets a week to seek presidential mercy after 
the jail authorities receive the death warrant and communicates it to him. The 
death row convict is executed between 21 days and 28 days after receiving the 
SC order.

However, the jail code is not applicable to Kamaruzzaman as he was tried under 
a special law, the International Crimes (Tribunals) Act-1971, the attorney 
general told reporters on Monday.

As the SC ruling Monday, his family members were asked to meet him at the jail 
in the evening that day, which triggered speculations that the Jamaat leader 
might be executed the same day.

But the jail authorities could not proceed with executing the verdict as they 
did not get the copy of the judgement.

(source for both: The Daily Star)