[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Dec. 13

MALDIVES:

Maldives re-introducing death penalty 'biggest mistake', says UN rapporteur


One of the biggest mistakes Maldives can make is to re-introduce the death 
penalty, a Maldives-born top official at the United Nations said Saturday.

Dr Ahmed Shaheed on Twitter labelled the move to re-introduce the death penalty 
after a 60-year moratorium as a big mistake.

In an earlier Tweet, Shaheed, who serves as the United Nations Special 
Rapporteur on the Situation of Human Rights in Iran, said the decision made by 
former president Maumoon Abdul Gayoom not to execute the 22 people sentenced to 
death over the 1988 attempted coup was the "noblest by a Maldivian politician."

The former Maldivian foreign minister's comments came after High Court late 
last month annulled the clause giving the president power to grant clemency to 
convicts on death row.

The case seeking to annul the clause in the Clemency Act, which gives the 
president the power to turn death sentences into life imprisonment, was filed 
privately by a group of individuals.

The case heard by the 5-judge bench of the appellate court was filed in 2012.

The court ruled that the president cannot grant clemency to convicts on death 
row in Qisas cases but would be able to exercise the power on other cases 
involving a death sentence.

Maldives has also recently adopted a series of new rules and regulations and is 
currently drafting a law on death penalty.

The Supreme Court issued new guidelines recently allowing death sentences and 
public lashing rulings issued by lower courts to be appealed automatically at 
the High Court.

In a circular, the Supreme Court said if the defendant fails to appeal death 
sentences and public lashing verdicts within 10 days, the court that had 
initially issued the verdict should forward the relevant documents to the High 
Court. The appellate court would have seven days to notify both the defendant 
and the prosecution of the appeal and during that period should take the 
necessary steps to begin appeal proceedings, it added.

The new rules follow similar guidelines issued by the apex court early last 
month.

The Supreme Court issued new guidelines on November 8 giving a month-long 
window for the last chance to appeal death sentences and public lashings backed 
by High Court.

According to the guidelines, if a defendant fails to appeal a High Court 
verdict in favour of death sentences and public lashing rulings within a 30-day 
period, the appeal can then only be filed at the Supreme Court by the 
prosecution.

The guidelines, included in a circular signed by Chief Justice Abdulla Saeed, 
did not specifically mention sentences of death and public lashing. However, it 
says that High Court rulings that need to be reconfirmed by the Supreme Court 
had to be appealed within 30 days, including public holidays.

Under local laws, the only sentences that need to be reconfirmed by the Supreme 
Court are death sentences and public lashing verdicts.

Judicature Act earlier granted a 90-day period, excluding public holidays, to 
appeal rulings by any court.

However, the Supreme Court had in January annulled that clause and issued new 
guidelines under which rulings issued by lower courts had to be appealed at the 
High Court within 10 days and appeal over High Court verdicts needed to be 
filed at the Supreme Court within 60 days.

Meanwhile, the government has included funds in the state budget for next year 
to establish an execution chamber at the country's main prison to carry out the 
death penalty.

The state budget for next year, which was approved by the parliament last 
month, includes MVR4 million to build an execution chamber.

Maldives adopted a new regulation last year under which lethal injection would 
be used to implement the death penalty.

However, over mounting pressure from human rights bodies, companies have been 
refusing to supply the fatal dose to countries still carrying out capital 
punishment.

Home minister Umar Naseer had earlier said the correctional service would be 
ready to implement the death penalty by the time a death sentence is upheld by 
the Supreme Court.

Meanwhile, the government announced on November 16 that it was in the process 
of drafting legislation on implementing death penalty.

Attorney General Mohamed Anil told reporters that the bill being drafted by his 
office would expand on the already existing regulations on death penalty. The 
bill would include procedures on conducting murder investigations, filing 
charges in such cases and conducting proceedings in murder cases, he added.

There are around 10 people on death row at present, but none of whom has 
exhausted the appeal process thus far.

(source: haveeru.com)




NIGERIA:

I still believe in death penalty - Oshiomhole


The Edo State Governor, Comrade Adams Oshiomhole has said he would still sign 
any execution on any person who deliberately takes another person's life 
deliberately and all court process duly followed.

Oshiomhole made the declaration in Abuja at the 2015 International Human Rights 
Day and 20th anniversary of the establishment of the National Human Rights 
Commission (NHRC).

He said it was unfair for any human being to deny another person the rights to 
live and yet be left alive.

For him, anyone who robbed anyone had committed a crime but it was worse when 
the criminal denied his victim the right to be alive.

According to him, because if the person was alive, he can struggle to recover 
what was stolen but once the person was killed the person has lost everything.

Oshiomhole insisted that more executions would still be carried out stressing 
that he was bound by the Nigerian constitution to abide by the judgment of the 
law.

He frowned at situations whereby the ordinary citizens were made to pay taxes 
from their meagre income instead of the government to force the top and wealthy 
people in the society to pay theirs.

The governor said hence there was the need for everyone to pay tax in order to 
raise fund to drive the economy. He urged the Nigerian Bar Association not to 
always allow people with small crimes to remain in detention for years while 
those who have looted the country into poverty were being granted bail and 
allowed to move around the country freely.

Human Rights activist, Femi Falana called on the judiciary to ensure that 
former minister of finance, Dr Ngozi Okonjo-Iweala account for the $4billion 
Abacha loot that was returned to the country.

He insisted that people who looted the nation should not be kept in the custody 
of the Economic and Financial Crimes Commission (EFCC) "rather they should be 
sent to jail."

Executive Secretary, National Human Rights Commission (NHRC) Prof. Bem Angwe 
insisted that the rights of inmates awaiting trial were violated therefore the 
commission and the judiciary should work together to reduce such incidents from 
reoccurring.

(source: dailytrust.com.ng)






EGYPT:

EU Parliament to vote on call for Ibrahim Halawa release----Plight of Irish 
teen facing death penalty in Egypt to be raised in Strasbourg on Thursday


The European Parliament has agreed to table an urgent motion for resolution 
next week calling for the release of Ibrahim Halawa.

The plight of the Irish teenager, who faces the death penalty in Egypt, is to 
be raised in Strasbourg on Thursday.

Sean Kelly, MEP for Ireland South, has given his "full support" to the 
teenager, incarcerated in Egypt since 2013.

The resolution, authored by Mr Kelly, is expected to be debated by the entire 
European Parliament before a vote on the text on Thursday.

Its adoption would likely be viewed as a strong message of support for Mr 
Halawa from the EU.

Thousands of well-wishers have sent messages to Mr Halawa as he prepares to 
spend a 3rd birthday behind bars. His 20th birthday is on Sunday, December 
13th.

Mr Halawa is said to have endured "torture and inhumane treatment" - including 
regular beatings - while in detention at the notorious Wadi Natrun prison, 
where guards are alleged to have used electricity and even "crucifixion" on 
inmates.

The Dubliner was aged 17 when in August 2013 he was arrested by the Egyptian 
army as he took refuge in a Cairo mosque while Muslim Brotherhood protesters 
staged a "day of rage" outside.

(source: Irish Times)






IRAN:

UNODC Must Ensure No More Executions for Drug Offenses Before Funding Iran 
Counter-Narcotics


The United Nations Office on Drugs and Crime (UNODC) and the European countries 
who are funding its law enforcement cooperation with Iran must make their 
cooperation and funding of counter-narcotics efforts in Iran conditional on an 
end to the death penalty for drug offenses.

This week Iranian official sources announced that 70 members of Iran's 
Parliament signed a proposal for a change in legislation to end the death 
penalty for drug offenses. The Parliament members say individuals who are 
convicted for nonviolent drug offenses should be issued a life sentence instead 
of death. The bill must be approved by Iran's Guardian Council before it can be 
passed.

Iran Human Rights calls on the UNODC and the countries who financially support 
its Iran program to stop providing equipment, funding, and technology to Iran 
until the death penalty is no longer issued for drug offenses.

The process of getting the bill passed could take years, and in that time 
Iranian authorities are able to continue executing indviduals for nonviolent 
drug offenses. The bill does not call for an end to the death penalty for all 
drug offenses, and suggests that individuals who are armed with a weapon and 
accused of a drug offense should still be sentenced to death.

In the past few years, most of the prisoners who have been hanged in Iran for 
drug charges were accused of "armed smuggling". On the contrary, the findings 
of human rights groups, including IHR, have shown that most of the individuals 
who have been executed in Iran on drug charges were not armed, did not have 
access to a fair trial or a just investigation, and were denied access to a 
lawyer. Last year, Iran's judiciary had issued a proposal to the Iranian 
Parliament to end the death penalty for drug offenses, but since then there has 
been no updates or information available about this move.

"The timing of announcement of the proposal could be aligned with the UNODC 
anti-drug trafficking program in Iran ending and new programs beginning in 
2016. Considering that most of the countries who fund Iran counter-narcotics 
are based in Europe and have expressed discontent toward drug related 
executions, the proposal could be a move by Iranian authorities to appease to 
these countries," says Mahmood Amiry-Moghaddam, spokesperson for Iran Human 
Rights. "We welcome any changes to the law that would help stop the death 
penalty in Iran, but our standard is a decrease in the number of executions and 
not just a proposal to the Parliament".

Until the adoption of the new proposed law and a significant reduction in the 
number of drug-related executions in Iran, the UNODC must not directly or 
indirectly participate in any cooperation that could lead to the arrest of 
individuals who possess drugs.

(source: iranhr.net)

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

A Woman Sentenced to Death by Stoning


Recent reports indicate that a woman has been allegedly sentenced to death by 
stoning on vague charges of "adultery", the chief justice of Gilan Province, 
Abbas Parsamanesh, said. She was sentenced to 25 years in prison for 
participating in the murder of her husband Arash Babaipoor Tabrizi-Nejad, news 
agencies reported.

Parsamanesh added that the prime suspect in the court identified as R.A was 
sentenced to be punished by "retaliation in kind" (Qisas) under Iran's Islamic 
Penal Code.

As such, Miss. A.Kh and Mr. S.A were convicted to 25 years in prison each for 
"participating in the murder of Mr. Babaipoor Tabrizi-Nejad," the chief justice 
said. In addition, Mr. R.A was sentenced to 100 lashes for "adultery", rights 
groups declared.

Miss. A.Kh will be hanged by gallows if the stoning penalty is rejected by 
judiciary officials, according to reports.

Stoning (Rajm) is commonly used as a form of capital punishment called "Hudud" 
wherein an organized crowd throws stones at a convicted person until the victim 
dies. Under Islamic Law, it is the ordained penalty in cases of "adultery" 
committed by a married man or married woman with others who are not her/his 
legal partner.

The local weblog known as Lahig said that Mr. Babaipoor Tabrizi-Nejad was 
stabbed to death. He lost his life after arriving at the hospital emergency 
room.

However, the stoning of Sakineh Ashtiani has had global repercussions in these 
last years.

Previously, an Iranian woman Sakineh Ashtiani, who was sentenced to capital 
punishment for conducting an illicit relationship outside of marriage in 2006 
was freed after having spent about ten years in Tabriz prison. The woman 
convicted of alleged adultery was arrested in 2005 on charges of adultery and 
conspiracy to commit murder causing the death of her husband. She was sentenced 
to death by stoning [the sentence was to be implemented in July 2010] but the 
Iranian authorities indicated in December 2011 that they intend to go ahead 
with her execution by hanging.

(source: iranian.com)






KUWAIT:

Kuwait court upholds death sentence in mosque bombing----A total of 29 
defendants, seven of them women, are on trial over the terrorist attack


Kuwait's appeals court Sunday upheld the death penalty for the main organiser 
of the bombing of a Shiite mosque claimed by Daesh that killed 26 people.

The court however reduced the death sentence handed out to the alleged leader 
of Daesh in Kuwait, Fahad Farraj Muhareb, to 15 years in prison.

A lower court in September issued the death penalty to Muhareb and Abdul Rahman 
Sabah Saud, who drove the suicide bomber to the mosque site on June 26.

It also handed out jail terms of between two and 15 years to 8 others, 
including 5 women, and acquitted 14 others.

In Sunday's ruling, the appeals court acquitted 1 of the 5 women.

There was tight security for the hearing, with armoured vehicles outside the 
Kuwait City court complex and helicopters patrolling overhead.

Judge Hani Al Hamdan said that the cases of 5 men sentenced to death in 
absentia for their role in the bombing were not reviewed because they remained 
at large.

Under Kuwaiti law, sentences issued in absentia are not reviewed by higher 
courts until convicts appear.

4 of the men at large are Saudis, including two brothers who smuggled the 
explosives belt used in the attack into Kuwait from neighbouring Saudi Arabia. 
The 5th is a stateless Arab.

A total of 29 defendants, 7 of them women, had been on trial on charges of 
helping the Saudi suicide bomber carry out the attack on a Shiite mosque in the 
capital, which was the bloodiest in Kuwait's history.

During the initial trial, Saud confessed to most charges but he denied all of 
them in the appeals court.

Among those acquitted Sunday was Jarrah Nimer, owner of the car used to drop 
off the bomber.

A Daesh-affiliated group calling itself Najd Province claimed the Kuwait City 
bombing as well as suicide attacks at two Shiite mosques in Saudi Arabia in 
May.

Najd is the central region of Saudi Arabia.

Kuwaiti courts have already issued several verdicts on Daesh supporters and 
financiers.

(source: Gulf News)



INDONESIA:

Huge blow for British death row grandmother as her lawyer is arrested for 
'trying to bribe a judge'----Lindsay Sandiford's last legal bid to avoid the 
firing squad has suffered


A British grandmother's hopes of escaping the death penalty for smuggling drugs 
into Bali have suffered a huge setback after the lawyer handling her final 
appeal was arrested for allegedly trying to bribe a judge.

Indonesian Chris Harno - who holds the funds and paperwork for Lindsay 
Sandiford's last legal bid to avoid the firing squad - is accused of offering a 
bribe on behalf of another client in a separate 225,000 pounds fraud case.

Sandiford - who was initially listed for execution in September after 14 other 
drug traffickers were put to death this year - said she was 'deeply shocked and 
upset' at the arrest of Harno, whom she hired partly because of his reputation 
as an unusually honest lawyer.

Harno - who has not yet been charged with any offence - took on the 59-year-old 
Briton's case in October and was also put in charge of 18,000 pounds donated by 
well-wishers to fund her final appeal, known as a PK hearing. On Friday, 
Harno's legal assistant, Ursa Surpit, told The Mail on Sunday after visiting 
him in jail: 'Lindsay's legal funds are safe. We are making arrangements for 
another lawyer to represent her at the PK if necessary.'

However, Harno has already missed last month's deadline to file the grounds for 
her appeal.

A temporary moratorium on executions in Indonesia is also due to expire at the 
end of this month, meaning Sandiford could then be executed at any time unless 
her appeal proceeds.

The 18,000 pounds held by Harno is made up of mostly public donations to an 
online appeal launched to fund Sandiford's legal fight. However, she still 
needs another 12,000 pounds to pay for expert witnesses and the legal costs of 
the hearing.

Sandiford told The Mail on Sunday she was calm at the prospect of facing the 
firing squad.

"I'm nearly 60 and a lot of people don't live to be this age,' she said. 'Being 
lined up and shot isn't the ending I'd pick, but everyone has to go somehow.' 
Harno is being held in the same grim police cells in Bali's capital where 
Sandiford was taken after her 2012 arrest for smuggling 10.5lb of cocaine worth 
1.5 million pounds from Bangkok.

He may later be transferred to Kerobokan Prison, where his client is currently 
being held.

The lawyer - in handcuffs and an orange jumpsuit - wept when a friend visited 
him at the cells on Tuesday. There is no suggestion any bribes have ever been 
offered in Sandiford's case.

British Foreign Secretary Philip Hammond has refused to help fund Sandiford's 
appeal, despite a recommendation to consider doing so by 5 Supreme Court 
judges. They warned 'substantial mitigating factors' had been overlooked in her 
original trial.

Sandiford, who is originally from Redcar, Teesside in North Yorkshire, claims 
she was forced to carry the drugs after threats to her younger son's life.

She received the death penalty despite co-operating with police in a sting 
operation to arrest others higher up the drugs syndicate. The plot's alleged 
ringleader, Briton Julian Ponder - who conducted a behind-bars romance with 
British Vice-Consul Alys Harahap that led to her sacking - is expected to walk 
free in early 2017 after serving a 6-year term with remission.

(source: dailymail.co.uk)






AUSTRALIA:

Muslim scholar calls for death penalty for convicted murderers and terrorists


An Islamic scholar has called for the reintroduction of the death penalty in 
Australia for anyone who is convicted of committing an act of murder or 
terrorism that causes the loss of human life.

Dr Hassan Majzoub, who has a PhD in Islamic studies, said murder in any form 
including terrorism is one of the most serious crimes in Islam and the penalty 
is death.

The respected Imam, who studied in Syria and Saudi Arabia, is speaking out 
because he wants the media to help the Muslim community get the message across 
that it is unacceptable for such crimes to be committed, let alone in the name 
of any religion.

"Young people if they think they are doing it in the name of religion then they 
have been deceived," said Dr Majzoub.

"Islam says there will be a curse on anyone who commits murder. The death 
penalty would be a deterrent," he said.

Dr Majzoub said the law should be for everybody equally and he hoped it would 
make would-be terrorists "think twice" before killing someone.

Dr Majzoub, whose teacher son Mustapha was killed doing humanitarian work in 
Syria in 2012, has spoken out as the federal government has flagged moves to 
keep convicted terrorists behind bars even after their sentences are finished 
if they are still considered to be dangerous.

The Councils of Australian Governments reportedly backed the move in a meeting 
on Friday after a briefing from ASIO director general Duncan Lewis.

The changes proposed to the meeting by Prime Minister Malcolm Turnbull would 
see those convicted of terrorism able to be kept in jail in the same way 
paedophiles and violent offenders can be detained if still considered a threat 
to society.

Dr Majzoub has also backed the authorities in stopping people before they have 
committed crimes, saying not to have done so would make them an accessory to 
the crime.

Dr Majzoub's comments have been backed by the former Mufti of Australia Sheikh 
Taj din al-Hilali who said the divine faiths call for the preservation of human 
life, prohibit murder and regard the murder of a person as a murder of 
humanity.

"I believe that we must implement strong legal deterrents against any person 
who holds murderous terrorist intents. Murder should have the strongest legal 
deterrents and a sentence of execution would be such a deterrent to stop murder 
which seems to be increasing," said Sheikh al-Hilali.

Founder of the Islamic Friendship Association Keysar Trad said he agreed that 
the strongest possible deterrent should be in force against murder and 
terrorism.

Sydney man Zak Mallah was the 1st person charged with a terrorism offence after 
Australia ramped up its terrorism laws in the wake of the the September 11 
attacks.

Mallah was just 19 at the time and was acquitted of the terrorism charges. He 
was convicted of threatening an ASIO officer and served a jail term.

He told Fairfax Media that he agreed with Dr Majzoub about the death penalty 
should applying to those convicted of carrying out murders and terrorist 
attacks. But he doesn't believe that it would be deterrent because it could be 
taken as a badge of honour by ISIS that they are now going to be martyred.

But he said he strongly disagreed with condemning a convicted minor to death 
row. Instead he believes minors should be given the chance to be rehabilitated 
while in jail.

Professor Anne Azza Aly, a counter-terrorism expert from Edith Cowan University 
said she was opposed to the death penalty and said it didn't leave any room for 
rehabilitation particularly for those convicted of terrorism-related charges 
without having committed a violent act.

"We are a nation that has progressed. I don't believe the death penalty would 
be a deterrent to terrorism or murder."

She said other countries still had the death penalty but it had not stopped the 
crimes.

Dr Majzoub said it is important not to point the finger at Islam because it is 
not helping and only causing a negative reaction. "It must be remembered that 
people commit crimes regardless of their background," he said.

(source: Sydney Morning Herald)