[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

April 14



PAKISTAN:

Pakistan government investigators accused of hiding death-row man's records


Pakistani government investigators have confiscated and tampered with evidence 
relating to the case of Shafqat Hussain, whose recent stay of execution is due 
to expire this week, says the legal charity Reprieve.

Last month, Pakistan???s Interior Minister Chaudry Nisar announced the stay for 
Mr Hussain, who was arrested as a juvenile and handed a death sentence for 
murder in 2004 on the basis of a 'confession' extracted from him after 9 days 
of torture. (http://www.ekklesia.co.uk/node/21530)

After Mr Hussain???s legal team at Justice Project Pakistan (JPP) produced 
evidence suggesting he was under 18 at the time of the arrest, Pakistan's 
Federal Investigations Authority (FIA) was ordered to investigate the claims.

Since then, however, it has emerged that the FIA has:

- Confiscated and subsequently refused to release a school register, which 
could hold evidence of Mr Hussain's age at the time of his arrest;

- Cancelled a government-issued birth certificate for Mr Hussain, which showed 
his age as under 18 at the time of his arrest;

-Withheld information from Mr Hussain???s legal team at JPP, instead leaking 
that information to the media;

-Announced to several media outlets that the inquiry had been concluded, and 
that Mr Hussain was not a juvenile at the time of his arrest, 1 day before his 
legal team were due to meet with investigators.

The 30-day stay of execution granted by the President may expire on 19 April, 
and there are fears that Pakistan's Anti-Terrorism Court will issue a new death 
warrant without a fair and impartial inquiry into Mr Hussain's age, torture or 
intellectual disability.

Sarah Belal, director of Justice Project Pakistan, said: "From the outset, this 
'investigation' has been dogged by a total lack of transparency - and now it 
seems that, worse, the authorities are actively using it to cover up evidence 
that could exonerate my client. The fact is that strong evidence exists that 
the Pakistani authorities have wrongfully sentenced a child to death - and is 
now using undue influence to keep this a secret. Instead of rushing to execute 
him before the truth can come out, the government must right this terrible 
injustice to Shafqat, while also investigating the hundreds more like him."

(source: ekklesia.co.uk)






ZIMBABWE:

Gweru Man Spared the Noose


A Gweru man escaped the hangman's noose after the Supreme Court quashed a death 
penalty imposed for murdering a fellow villager whose cattle he claimed grazed 
on his cotton crop.Bvumai Machena will serve 20 years in jail after the higher 
court found extenuating circumstances.

He had been on death row for 11 years since November 3 2004.

Acting Judge of Appeal Justice Andrew Mutema ruled that the High Court erred 
when it convicted Machena of murder with actual intent in view of the 
circumstances surrounding the case.

"The court therefore concludes that the appellant (Machena) had constructive 
intent to kill, not actual intent," said Justice Mutema, who heard the appeal 
with Chief Justice Godfrey Chidyausiku and Justice Anne-Mary Gowora.

In considering the issue of extenuating circumstances, the lower court ruled 
that Machena had actual intent and found no extenuating circumstances.

But Justice Mutema ruled that constructive intent on its own together with 
other factors could constitute extenuation.

"It therefore follows that the court a quo misdirected itself on the issue of 
extenuation," said Justice Mutema.

"In light of this misdirection, this court is at large on the issue of 
extenuation and an appropriate sentence in this matter. Having found 
extenuating circumstances, Justice Mutema set aside the sentence of death 
imposed on Machena by the lower court and substituted a 20-year term of 
imprisonment.

Machena was sentenced to death by retired Bulawayo judge Justice Misheck Cheda 
for the murder of his relative Edward Gasura in 2002.

The trial took place in Gweru where the High Court was sitting on circuit.

Machena fatally stabbed Gasura with an Okapi knife after accusing his son, 
Paul, of letting their cattle graze in his cotton field.

The court heard that on the fateful day, Machena went to Gasura's homestead 
twice intending to confront him over the incident.

On his first visit, an emotionally charged Machena advised Paul to inform his 
father about the destruction their cattle had caused to his crop.

However, the court found that Machena's crops were not destroyed by Gasura's 
cattle, but that he had acted on suspicion.

Upon Machena's return during the evening, a bitter argument ensued between the 
two men. Machena produced an Okapi knife and stabbed Gasura to death.

On January 29 2004, Justice Cheda convicted Machena of murder with actual 
intent and sentenced him to death after finding no extenuating circumstances.

(source: The Herald)