[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

July 28



KUWAIT:

Kuwait court sentences 4 Egyptians to death


A court in Kuwait has sentenced 4 Egyptians to death over the killing of a 
Pakistani guard at a construction site.

The Egyptian nationals were sentenced on Tuesday. They were charged with murder 
using a hammer.

The 4 men confessed to killing the Pakistani national at the construction site 
where they stole 36 tons of steel, before selling it all for USD 18,000.

The verdict can be appealed.

3 other Egyptians were also sentenced to 7 years in prison for helping the four 
commit the crime.

In Kuwait, dozens of people are thought to be on death row over, mostly, murder 
and drug crimes, where execution is carried out by hanging.

Except for a return of the death penalty in 2013, execution has generally not 
been used in Kuwait since 2007.

Since the death penalty was introduced in Kuwait in the mid 1960s, some 71 
people have been executed.

(source: Presstv)






PAKISTAN:

Pakistan court grants stay of execution to paraplegic prisoner


A court in Pakistan today stayed the execution of a paraplegic man who was set 
to hang tomorrow (Wednesday).

Abdul Basit, 43, was convicted and sentenced to death for murder in 2009. In 
2010, he contracted tubercular meningitis in prison, which left him paralysed 
from the waist down. Despite being unable to stand, and reliant on a 
wheelchair, a 'Black Warrant' issued last week scheduled his execution for July 
29th.

The Lahore High Court today upheld an appeal by lawyers for Basit who argued 
that his execution would constitute cruel and unusual punishment, violating the 
fundamental right to human dignity enshrined in Pakistan's Constitution.

The Pakistan Prison Rules of 1978 - the statute regulating executions - state 
that the rope for hanging must be the correct length, in order to avoid 
prisoners facing protracted strangulation (if it is too long) or decapitation 
(if it is too short). The rules state that the rope's length is determined by 
measuring it from "the lower jaw of the condemned prisoner as he stands on the 
scaffold." This and other procedures set out in the Prison Rules cannot be 
followed in Basit's case, leaving open the possibility of a botched hanging.

The Court has now given the government 2 weeks to respond to the appeal with a 
hearing scheduled for August 17th.

Pakistan's law makes provisions for mercy to be granted in cases where 
prisoners are suffering from severe "ill-health". The Government's failure to 
acknowledge this and commute Basit's sentence appears to form part of a 
worrying trend involving the blanket dismissal of all mercy petitions 
considered since executions resumed in 2014. Over 180 prisoners have been 
hanged in Pakistan's recent rush to the gallows and recent reports suggest that 
many more who have now had their mercy petitions dismissed without proper 
consideration may be next in line.

Among them is Shafqat Hussain, convicted and sentenced to death when under 18, 
who was yesterday issued with a 'black warrant'. His execution has been set for 
August 4th despite widespread concerns over torture and the government covering 
up evidence - notably a school record - that could prove his age.

Kate Higham, caseworker at human rights NGO Reprieve, said: "We are enormously 
relieved by the court's decision today. To allow Pakistan's government to 
continue with the hanging of a paraplegic man would have been in clear 
violation of Pakistani law, not to mention an affront to basic common decency. 
The government must now commute Basit's sentence."

(source: Reprieve)

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

Court suspends death warrants of a prisoner


A Lahore High Court division bench Tuesday suspended death warrants of a 
condemned prisoner who was scheduled to be hanged in Faisalabad central jail on 
July 29.

The bench also sought a reply from Faisalabad Jail superintendent within 2 
weeks. The bench headed by Justice Aalia Neelum passed the orders on a petition 
filed by death row prisoner Abdul Basit with a plea to suspend his execution.

During the hearing, petitioner's counsel Azam Nazir Tarar arguing before the 
bench submitted that Abdul Basit was awarded death penalty in a murder case and 
he was scheduled to be hanged in Faisalabad Jail on July 29. He pointed out 
that the petitioner got injured in a ransacking incident in jail and his lower 
body had been paralysed.

He said that the petitioner had moved afresh mercy petition to the president on 
new grounds. He pleaded the court to stay the execution till the decision of 
fresh mercy appeal. At this, the court suspended death warrants and sought 
reply from the jail superintendent within 2 weeks.

(source: Pakistan Herald)



IRAN:

Iran regime to hang man for crime allegedly committed aged 15


The regime in Iran plans to execute over the weekend an Iranian who was 15 
years old when he was alleged to have committed a crime, Amnesty International 
has said.

"Juvenile offender Salar Shadizadi is at imminent risk of execution for a 
murder allegedly committed when he was 15 years old. He is scheduled to be 
executed on 1 August. Salar Shadizadi was arrested in February 2007 on a charge 
of murdering a friend. He was sentenced to death in December that year, under 
the Islamic principle of qesas (retribution-in-kind), by Branch 11 of the 
Criminal Court of Appeal in the northern province of Gilan. His sentence was 
upheld 3 months later, by Branch 37 of the Supreme Court," Amnesty 
International said in an Urgent Action appeal on Monday.

"Salar Shadizadi was arrested in February 2007 after his friend's dead body was 
found in a garden belonging to Salar Shadizadi's family. Salar Shadizadi was 
subsequently arrested and accused of fatally stabbing the deceased victim in 
the neck. The circumstances of the crime are not clear to Amnesty 
International," the international human rights group said.

"After several years on death row, Salar Shadizadi was transferred to solitary 
confinement on 7 July 2013 in preparation for execution. The authorities, 
however, halted the execution at the last minute and allowed Salar Shadizadi to 
submit a request for judicial review under Article 91 of Iran's 2013 Penal 
Code, which gives judges the discretion not to impose the death penalty if they 
determine that a juvenile offender did not understand the nature of the crime 
or its consequences, or if there are doubts about the offender's 'mental growth 
and maturity'."

"Later that year, Branch 13 of Iran's Supreme Court accepted the request for 
judicial review and sent the case back to the court of first instance to 
examine the issue of Salar Shadizadi's maturity at the time of the crime. The 
court of first instance referred Salar Shadizadi to Iran's Legal Medicine 
Organization (LMO) for psychological examination. The LMO found that 'there is 
no evidence to conclude that Salar Shadizadi was insane at the time of the 
crime but examining his mental growth seven years after the event is 
impossible.' Based on this finding, Branch 13 of the Supreme Court upheld the 
original death sentence. In its reasoning, the Supreme Court stated: 
'presumptively, mental maturity is present after children reach the age of 
maturity [which is 15 for boys and nine for girls] and the rebuttal of this 
presumption requires proof which has not been established in this case.'"

"At least 72 juvenile offenders are believed to have been executed in Iran 
between 2005 and 2014 and at least 160 juvenile offenders are believed to be on 
death row," Amnesty International added.

European Union foreign policy chief Ms. Federica Mogherini is on her 1st 
official visit to Iran on Tuesday. Since taking office she has not condemned 
the flagrant human rights abuses that are rampant in Iran.

9 prisoners were on Monday hanged collectively in a detention center in the 
city of Karaj, west of Tehran.

Also on Monday 2 other prisoners, identified as Saeid Ganji and Firouz 
Nouri-Majd, were hanged in Iran's notorious Qezelhesar Prison in Karaj.

The hangings bring to at least 27 the number of prisoners that have been 
executed in Iran in the past week.

(source: NCR-Iran)






INDONESIA:

Woman caught with 82 handbags filled with 12 kg of methamphetamines from China


North Jakarta Police Commissioner Susetio Cahyadi announced yesterday that his 
officers had seized 12 kilograms of methamphetamines, said to be worth Rp 18 
billion, originating from Guangzhou, China.

As is often the case, the meth was concealed in an unusual container, or rather 
containers. Specifically, it was sewn into the lining of 82 ladies' handbags.

According to Susetio, the meth filled fashion accessories were seized at a 
boarding house on Jalan Jatayu in Kebayoran Lama, South Jakarta, on Tuesday, 
July 7.

"The meth was received by Jumi Yenita, a 26 years old," he said at his office 
yesterday, as quoted by Tempo.

Susetio said the meth was ordered from China by a Nigerian citizen named Jhon 
Ladiord Okori. After the meth arrived in Penjaringan, North Jakarta, Jhon 
contacted Jumi to pick it up.

After Jumi picked up the product, Susetio said police followed her and caught 
her with the narcotics in her room. Police later arrested Jhon on Thursday, 
July 9 at the same boarding house.

Jumi claimed she did not know the bags contained meth. "Jhon asked me to take 
the bags and paid me Rp 1 million." Jhon also denied ordering the drugs, saying 
he was just buying bags from China to sell here.

The head of North Jakarta's Drug Investigation Unit, Assistant Commissioner 
Apollo Sinambella, said each bag contains 1-2.5 grams of meth that was destined 
to be circulated throughout Jakarta.

For their actions, Jumi and Jhon have both been charged with drug smuggling 
with a maximum prison sentence of 20 years or the death penalty.

(source: Coconuts)






SAUDI ARABIA----execution

2nd Saudi execution for drug trafficking after Ramadan pause


Saudi Arabia beheaded one of its citizens for drug trafficking on Tuesday, in 
the 2nd execution after a pause for Ramadan.Saudi Arabia beheaded one of its 
citizens for drug trafficking on Tuesday, in the second execution after a pause 
for Ramadan.

Saif al-Hadissane was found guilty of smuggling a large amount of hashish.

He was executed in the Al-Ahsa region of eastern Saudi Arabia, the interior 
ministry said in a statement carried by the official Saudi Press Agency.

SPA had reported no executions during the Muslim holy month of Ramadan and the 
Eid al-Fitr holiday which followed it from July 17.

The latest beheading brings to 104 the number of executions in the kingdom this 
year, a sharp increase on the 87 recorded during the whole of 2014, according 
to AFP tallies.

This year's figure is still below the record 192 which human rights group 
Amnesty International said took place in 1995.

Human Rights Watch has accused Saudi authorities of waging a "campaign of 
death" by executing more people in the first 6 months of this year than in all 
of last year.

Echoing the concerns of other activists, the New York-based group said it had 
documented "due process violations" in Saudi Arabia's legal system that make it 
difficult for defendants to get fair trials even in capital cases.

Under the conservative kingdom's strict Islamic sharia legal code, drug 
trafficking, rape, murder, armed robbery and apostasy are all punishable by 
death.

The interior ministry has cited deterrence as a reason for carrying out the 
punishment. It has also talked of "the physical and social harm" caused by 
drugs.

(source: Economic Times)






LIBYA:

Flawed trial of al-Gaddafi officials leads to appalling death sentences


Today's convictions of more than 30 al-Gaddafi-era officials, including the 
imposition of 9 death sentences, follow a trial marred with serious flaws that 
highlight Libya's inability to administer justice effectively in line with 
international fair trial standards, Amnesty International said.

Among the 9 people sentenced to death for war crimes and other offences during 
the 2011 armed conflict are Colonel Mu'ammar al-Gaddafi's son, Saif al-Islam 
al-Gaddafi, and the former Head of Military Intelligence, Abdallah al-Senussi. 
23 other former officials were given sentences ranging from life imprisonment 
to 5 years in prison, 4 people were acquitted, and 1 was referred for medical 
treatment and not sentenced.

"Instead of helping to establish the truth and ensuring accountability for 
serious violations during the 2011 armed conflict, this trial exposes the 
weakness of a criminal justice system which is hanging on by a thread in a 
war-torn country with no central authority," said Philip Luther, Middle East 
and North Africa Programme Director at Amnesty International.

"It's a case that was always going to test the judiciary, but in the end it has 
shown the difficulties of delivering justice at a time when the rule of the gun 
overpowers the rule of law.

"The death sentences - the ultimate human rights violation - add further insult 
to injury, and should be overturned on appeal."

It is expected the convictions will be appealed to the cassation chamber of 
Libya's Supreme Court. The rights to a fair trial of those found guilty today 
require a full, independent and impartial review of the procedures and evidence 
used against them and the Supreme Court must address the serious allegations of 
fair trial and human rights violations in this case when it hears the appeal. 
To do this it must exercise its power to review both the evidence seen at the 
trial and the trial court's interpretation of the law.

Amnesty International has long called for Saif al-Islam al-Gaddafi to be 
surrendered to the International Criminal Court (ICC), which has an active 
arrest warrant in his name.

"The Libyan authorities refused to hand Saif al-Islam al-Gaddafi to the ICC to 
prove they could administer justice nationally. So far they have failed as he 
has been subjected to a string of violations. He was effectively tried and 
sentenced in absentia and continues to be held in isolation in a secret 
location without access to a lawyer," said Philip Luther.

"The only route to real justice for the victims of serious crimes perpetrated 
during the 2011 conflict is to surrender Saif al-Islam al-Gaddafi to the ICC 
and ensure fair trials for all detained al-Gaddafi loyalists."

Background

The trial of the "symbols of the former regime", as it is known in Libya, ran 
from 24 March 2014 to 21 May 2015. Saif al-Islam al-Gaddafi, Abdallah 
al-Senussi and 35 other officials, including former diplomats, ministers and 
members of security agencies, were charged with a string of offences during the 
2011 uprising and ensuing conflict. These include: indiscriminate shelling, 
incitement to rape, giving orders to open fire at demonstrators, recruiting and 
arming mercenaries and engaging in acts of vandalism, looting and killing.

Amnesty International believes that many of the 37 defendants have been denied 
the right to legal counsel, to remain silent, to be promptly informed of the 
charges against them, to challenge the evidence brought against them, and to be 
present at trial. In some cases, detainees were held incommunicado and in 
unofficial detention places for extended periods.

Saif al-Islam al-Gaddafi, who was held in militia custody in Zintan, and seven 
other defendants held in Misratah were tried via video link. At times, the poor 
quality of the satellite link undermined their ability to follow proceedings. 
Saif al-Islam al-Gaddafi stopped appearing via video link after the start of 
the conflict in western Libya last year, which ended in the ousting of Zintan 
brigades from Tripoli, meaning he was effectively tried in absentia.

The organization understands that many defendants were interrogated without 
having a lawyer present, despite repeated requests and guarantees provided in 
Libyan law. Allegations of torture and other ill-treatment raised by the 
defence do not appear to have been duly investigated. Some were assigned 
lawyers only after the trial had begun, undermining their right to an effective 
defence.

Many defence lawyers were not able to visit their clients in private in 
al-Hadba prison, a high security detention facility where the trial was also 
held. Some dropped the case amid claims that they were threatened, intimidated 
and harassed.

The prosecution's case was largely based on evidence obtained from some 240 
witness statements though none was called to the court or subjected to 
cross-examination. By contrast, defence lawyers were only allowed to call 2 
witnesses per defendant and expressed difficulties in calling witnesses due to 
the security situation.

The trial was held against the backdrop of renewed conflicts, which led to the 
collapse of central authority and a split of state institutions in mid-2014. 
Since then, all sides have perpetrated serious human rights abuses and 
violations of international humanitarian law, some of which amount to war 
crimes. The violence has substantially reduced the international community's 
ability to monitor the proceedings, and has further weakened the criminal 
justice system. The Ministry of Justice of the internationally recognized 
government based in the east said that it would not recognize the court's 
verdict.

(source: Amnesty International)

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

UN human rights officials seriously concerned by verdicts in trial of former 
members of Qadhafi regime


The verdicts in the trial of 37 Qadhafi regime officials, including against the 
former leader's son, Saif al-Islam Qadhafi, handed down today by the Tripoli 
Court of Assize, has drawn serous concern from senior United Nations human 
rights officials in Libya, as well as in Geneva, amid fears the trial did not 
meet international standards on a number of fronts.

"Concerns over the trial include the fact that several defendants were absent 
for a number of sessions. The evidence of criminal conduct was largely 
attributed to the defendants in general, with little effort to establish 
individual criminal responsibility," said Claudio Cordone, Director of the 
Human Rights, Transitional Justice and Rule of Law Division of the UN Support 
Mission in Libya (UNSMIL).

The court also announced today that Saif al-Islam Qadhafi, son of Muammar 
Qadhafi, and 6 others had been tried in absentia. Qadhafi, former intelligence 
chief Abdullah al-Senussi, Qadhafi's last Prime Minister al-Baghdadi al-Mahmudi 
and 6 other defendants were sentenced to death by firing squad, points out a 
press release issued by UNSMIL.

Mr. Qadhafi - the 1st defendant on the list of 37 - was connected by videolink 
from Zintan, where he is jailed, only to 4 of the 24 sessions. Libya has not 
complied with the International Criminal Court order to surrender him.

The defendants were charged with a wide range of offences relating to the 
attempted suppression of the 2011 revolution.

8 others officials of the fallen regime received sentences of life 
imprisonment, and the remainders of those convicted received sentences to 
between 12 and 5 years. 4 defendants were acquitted of all charges.

"The prosecution did not present any witnesses or documents in court, confining 
itself entirely to the written evidence available in the case file, thus 
missing a historic opportunity to construct a public record of crimes committed 
by the former regime - a key step in Libya's transitional justice process", 
regretted Mr. Cordone.

During their pre-trial detention, he added, defendants were denied access to 
lawyers and family for prolonged periods, and some reported that they were 
beaten or otherwise ill-treated, but UNSMIL is not aware of any investigation 
into these allegations.

Defence lawyers said they faced challenges in meeting their clients privately 
or accessing the full case file, some saying they received threats and that 
witnesses were reluctant to appear in court due to fears about their safety. 
The court did not respond to defence counsel requests to examine prosecution 
witnesses.

"Given these shortcomings, it is particularly worrisome that the court has 
handed down nine death sentences," Mr. Cordone said. "International standards 
require that death sentences may only be imposed after proceedings that meet 
the highest level of respect for fair trial standards. The United Nations 
opposes the imposition of the death penalty as a matter of principle."

Moreover, the next step in the judicial process is only cassation - a review of 
the application of Libyan law, not of questions of fact - rather than a proper 
appeal as required by international standards. "UNSMIL had previously urged the 
Libyan authorities to reform their national legislation introducing the 
possibility of an appeal for verdicts of the Court of Assize, in line with 
their obligations under international human rights law," Mr. Cordoned reminded.

UNSMIL, he stated, will review the verdict once published in full over the 
coming period before completing its full assessment of the trial.

Many of these concerns were echoed in Geneva by Ravina Shamdasani, spokesperson 
for the UN High Commissioner for Human Rights, who told reporters that her 
Office (OHCHR) is "deeply disturbed" at the verdicts and sentences handed down 
today.

"We had closely monitored the detention and trial and found that international 
fair trial standards had failed to be met. Among the key shortcomings is the 
failure to establish individual criminal responsibility in relation to specific 
crimes," she said, adding that there were also serious issues relating to 
access to lawyers, claims of ill-treatment, and trials conducted in absentia.

Ms. Shamdasani stressed that while it is crucial to ensure accountability for 
serious human rights violations, "this needs to be done with scrupulous 
adherence to international fair trial standards and with full respect for the 
rights of the defendants. Failing this, injustice is only compounded."

"The UN opposes the use of the death penalty in all circumstances. In this 
case, where fair trial standards have clearly not been met, we strongly deplore 
the imposition of the death penalty," she said, urging that Libyan authorities 
to ensure that legal reforms are introduced as a matter of urgency, to ensure 
that human rights are fully respected in the administration of justice and that 
verdicts of the Court of Assize can be appealed and are not only subject to 
cassation.

(source: UN News Centre)