[Deathpenalty] death penalty news----worldwide

Fri Jul 31 17:31:49 CDT 2015

July 31

PAKISTAN:

Convicted: Death penalty awarded to constable's killer

An anti-terrorism court on Friday sentenced a man convicted of killing a 
constable to death on 2 counts.

Prosecution said Javaid Iqbal and his accomplices Shahid, Umar Hayat and Zafar 
Iqbal had shot dead a police constable, Muneer Ahmad, during a robbery on 
September 9, 2013. They said the constable had tried to stop them from robbing 
a house.

After examining the evidence and hearing witnesses, the judge sentenced Iqbal 
to death under Sections 302-B of Pakistan Penal Code (PPC) and Section 7 of the 
Anti-Terrorism Act (ATA).

He was ordered to pay Rs500,000 compensation to the heirs the deceased and 
fined Rs500,000.

His accomplices were acquitted due to lack of substantial evidence.

(source: The Express Tribune)

INDIA:

Govt not to revisit demand to abolish death penalty

The Modi government has no plans to revisit the issue of doing away with death 
penalty in the wake of fierce debate sparked off by the hanging of 1993 Mumbai 
blast convict Yakub Menon on Thursday.

Finance Minister Arun Jaitley on Friday reiterated that death penalties will 
stay in India since they act as deterrent against such crimes.

"I have no issue with a debate on death penalty. Nobody likes a death sentence. 
The fact is courts are also very circumspect while awarding death sentence to 
anyone. But for a country which has faced terror activities, death sentence 
acts like a deterrence," Jaitley said in an interview with India Today TV on 
Friday. Asked if the people responsible for the Mumbai riots, which preceded 
the blasts in Mumbai, should also be hanged like Memon, Jaitley said, "Yes, 
they should also be punished like that." The Srikrishna Commission that 
investigated the Bombay riots had called the March 12, 1993 bombing as a 
reaction to the communal violence triggered by the demolition of Babri Masjid 
in December 1992.

Jaitley again criticised the Opposition Congress for questioning Memon???s 
death sentence. "Where was the Congress when Indira Gandhi killers were given 
death penalty," he asked.

(source: Deccan Herald)

***********

Politician moves resolution to put moratorium on death penalty

As a debate rages over the hanging of Mumbai blasts convict Yakub Memon, the 
Rajya Sabha on Friday admitted CPI leader D Raja's private member's resolution 
to abolish the death sentence in the country.

A private member's resolution is moved by an individual member and not by the 
government.

"Snatching away somebody's life for crimes committed is not in consonance with 
the evolving jurisprudence, which embraces in its scope measures to reform the 
person and transform psychology in tune with the values of compassion and 
humanism," the resolution by the Communist Party of India parliamentarian read.

D Raja's resolution cites a study by the National Law University students 
indicating that 94 % of those awarded death sentences for terror-related cases 
belonged to the Dalit castes or religious minorities].

"The commission of a crime by somebody does not contract the scope to reform 
him or her; rather an approach to address the hidden faculties for realising 
human worth is now the accepted proposition in criminal jurisprudence and this 
is true for all human beings, including those who have been convicted for 
heinous crimes," it said.

Raja, who has been vocal in opposing death sentences in different cases and was 
one of the signatories to a plea to the president to consider Memon's mercy 
petition, said that "eye for an eye cannot be part of the Indian 
jurisprudence".

"India should say no to capital punishment ... till the government and 
parliament decide upon the death penalty statute, India should put a moratorium 
on capital punishment," Raja told IANS.

Raja's resolution, meanwhile, said that "committing a crime is more a 
sociological than a legal problem".

"Research demonstrates the disproportionate use of death penalty against 
disadvantaged groups. A study by the students of National Law University, 
Delhi, has shown there are caste and religious biases in the imposition of 
death penalty in India, indicating that 94 % persons given death sentences for 
terror-related cases belonged to the Dalit castes or religious minorities," the 
CPI leader's resolution said.

The resolution asked the government to reconsider its stand and make necessary 
amendments to laws to abolish capital punishment and declare a moratorium on 
all executions till the abolition of capital punishment.

It said the Supreme Court had itself admitted errors and miscarriage of justice 
due to arbitrary application of death penalty.

"Law Commission Chairman Justice AP Shah (retd) also said there is a serious 
need to re-examine the issue of death penalty since there are several 
inconsistencies in the system, which led to arbitrariness and discrimination in 
the imposition of death penalty," Raja added.

Meanwhile, DMK parliamentarian Kanimozhi said on Thursday that she would also 
move a private member's bill in the Rajya Sabha to abolish death penalty.

The hanging of Yakub Memon on Thursday again stoked the debate on abolishing 
death penalty in India. At present, death sentence is given in the rarest of 
rare cases.

Parliament attack convict Afzal Guru and 2008 Mumbai terror attack convict and 
Pakistani terrorist Ajmal Kasab were hanged in India in recent years.

(source: legallyindia.com)

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

Devendra Fadnavis government to demand death penalty for Malvani hooch culprits

Maharashtra Chief Minister Devendra Fadnavis today said the state government 
will demand death sentence for the accused of Malvani hooch case. In reply to a 
discussion on the law and order situation in the state in the Legislative 
Council and the Legislative Assembly, Fadnavis also claimed that crime rate had 
declined after the BJP-led government came to power in the state.

"The Malvani case (where over 100 people died after consuming illicit liquor) 
was a tragic incident. We have charged the accused under section 302 of IPC 
(murder). Police took immediate action and arrested the accused from Gujarat. 
We are going to recommend to the court that the accused be hanged," said the 
Chief Minister.

"There is a substantial decrease in murder, dacoity and robbery cases as of 
June 2015. Rate of conviction is highest -ever at 32 %. We have target of 50 
%," he said.

The discussion was held on motions initiated by leader of opposition 
Radhakrishna Vikhe Patil (Congress) in the Assembly and his counterpart 
Dhananjay Munde (NCP) in the Council.

The opposition members staged a walk-out in the Assembly saying they were not 
allowed to speak on the issue. The CM gave his reply in the absence of the 
opposition. In the Upper House, the opposition members were present when he 
spoke. Fadnavis also appreciated the way the execution of 1993 Mumbai blasts 
convict Yakub Memon was carried out and peace was maintained.

(source: Daily News & Analysis)

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

Yakub Memon aftermath: The irrationality of arguments against death sentence

Even as the execution of the terrorist convicted for the Mumbai blasts of 1993, 
Yakub Memon, became imminent, the spigots of saccharine morality were fully 
opened. Several sound bites, opinion columns and editorials appeared in the 
Indian media condemning the institution of the death penalty. Some questioned 
the judicial process and a few even raised doubts about law enforcement 
procedures in the country. The latter 2 categories are of less concern and have 
simpler solutions via reformation, clarity, transparency and checks and 
balances. The practice of state-sanctioned executions, however, needs the 
occasional support.

In India, the death penalty is reserved for "the rarest of rare" cases. A crime 
of passion, or even a simple, pre-meditated murder, does not qualify for the 
death penalty under Indian law. This establishes a high standard which the 
accused may breach only by excessive brutality in their crimes, multiple counts 
of infraction, or the sheer magnitude of the deed. In essence, Indian law is 
talking about sadists, serial killers, and terrorists.

The result of this stringent policy is that the overwhelming majority of cases 
in which there may be some doubt about guilt despite the trial and appeals 
process are filtered out. To take just the most recent examples, regardless of 
anyone's view of the death penalty, no one seriously doubts the guilt of either 
Yakub Memon or Ajmal Kasab. The limited scope of the death penalty, therefore, 
makes it disingenuous to compare the murder rate to the number of executions to 
argue that there is no correlation.

On the flip side, those who argue for the deterrent effects of the death 
penalty are also equally wrong - most people who are considered for the death 
penalty are involved in such heinous activities that the clean and swift death 
offered by the state might actually be considered a reprieve.

There is also some concern that the judicial system may be biased against some 
of those who appear before it. Judges are, after all, part of society and are 
not immune to social, religious, economic or other biases. Yet these fears are 
non-falsifiable - it is virtually impossible to prove that someone is perfectly 
objective when considering the death sentence, particularly given the small 
sample space of death penalty convicts.

A rigorous selection procedure for judges, a transparent and speedy trial and 
appeals process for the accused, strict evidentiary standards for law 
enforcement, and well-defined laws can reduce the bias and arbitrariness of the 
judicial system as much as is humanly possible. The several levels of the 
judicial system which allows for repeated appeals give the accused multiple 
opportunities to address issues of faulty counsel or judicial impropriety. 
Ultimately, all systems - including air traffic control and pharmaceuticals - 
are human and to demand perfection in the face of a policy that one is 
disinclined towards demonstrates only churlishness.

Opposition to the death penalty is founded on the belief that retribution is 
unworthy; it should be abolished because we are a civilised society. These 
assertions - they are not arguments - appeal to what Aristotle called the 
pathos, or emotions, of the public. Mercy, forgiveness, civilisation...such 
words encompass lovely ideals that appeal to our vanity as much as our hopes 
when it costs us nothing. Yet there is nothing qualitatively superior to such 
assertions compared to saying that as a civilised society, we cannot tolerate 
those who commit exceptionally brutal or gruesome acts. Retribution is very 
much a part of human nature and laws that suppress such strong evolutionary 
inclinations just beg to be violated. Even a brief survey of world literature 
and history would powerfully underscore the part revenge plays in human 
affairs. Recent mob attacks on some rape-accused in India, even in jail, 
reiterate this lesson even further.

Yet if not the death penalty, then what? It is a difficult case to make that 
incarceration for life in a 6 x 8 prison cell is dignified or civilised. Pardon 
is unthinkable but even affording sadists, serial killers, and terrorists a 
life with access to television, newspapers, books, and the opportunity to 
obtain educational degrees offends the imagination. The fondness for 
rehabilitation of convicts is mostly a 19th century affair, born partly from 
the ill-conceived optimism of the Enlightenment in the power of rationality. 
However, rehabilitation focuses entirely on the convict and readmitting him to 
the realm of humanity; it does not address the issue of punishment or providing 
a sense of justice or closure for the victims. Such uneven treatment, surely, 
cannot be virtuous!

The call to abolish the death penalty is lost in abstractions. It unwisely 
takes an absolute position that there is no case in which the death penalty is 
deserved while offering an alternative that is more flawed than idealistic. In 
the absence of real options, there can be no serious debate on the issue. 
Returning to the Yakub Memon case, the real travesty is that it took the Indian 
judicial system over two decades to resolve the matter. Where is the outcry 
over that?

(sourcwe: firstpost.com)

IRAN:

Saber Sharbati Juvenile Prisoner on Death Row Killed in Prison Fight

According to close sources, juvenile prisoner Saber Sharbati was killed during 
a group fight in ward 10 Hall 36 of Rajai Shahr Prison that broke out late 
night Wednesday. Prisoners Vahid Silani and Hamid "Rooster" were reportedly 
seriously injured in the fight and transferred immediately out of the prison - 
their condition is reportedly stable.

A prisoner in Hall 36 has told Iran Human Rights: "During the fight one of the 
prisoners bashed Saber's head into an empty aquarium, causing the blood vessels 
in his neck to rupture."

Despite Saber's young age Iranian officials had him locked up in one of the 
most dangerous wards in Rajai Shahr Prison. In the ward Saber was reportedly a 
sexual victim who the adult prisoners liked to prey on, resulting in many 
brawls to break out among prisoners.

In 2005 Iranian officials charged Saber with the murder of a cab driver and 
sentenced him to death while he was under the age of 18. The Judiciary had 
reportedly approved an appeals hearing to be held under Iran's new Criminal 
Procedure Code.

Abdollah Khatamifar, Saber's lawyer, confirmed the juvenile prisoner's death to 
Iran Human Rights. "We don't have any further information about the incident. 
The police just began investigating and judicial officials are looking into 
Saber's case," says Khatamifar.

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

Iranian Officials to Salar Shadizadi's Family: The Execution Will Be Carried 
Out on Saturday at 5am

According to close sources, Iranian officials contacted Salar Shadizadi's 
brother on Friday to notify him that the hanging will occur at 5am Tehran time 
at Lakan Prison and invited the family to be present at the execution scene 
(typically in a murder case in Iran, officials invite the murder victim's 
family along with the family of the accused to watch the execution of the 
accused).

Salar Shadizadi was arrested in 2006 when he was 15 years old for an alleged 
murder crime, he has been imprisoned since. In 2013 Iranian officials 
reportedly transferred Salar to Lakan Prison's quarantine section and had 
planned to execute him, however, due to revisions that were made to the Islamic 
Penal Code, his execution was delayed.

Iran is signatory to the United Nation's International Covenant on Civil and 
Political Rights, the treaty states: "Sentence of death shall not be imposed 
for crimes committed by persons below 18 years of age..."

In 2 separate statements Amnesty International has called on Iranian officials 
to stop Salar's execution. The Norwegian government and the German Human Rights 
Commissioner have both issued statements calling on Iranian officials to quash 
his death sentence. Iran Human Rights once again calls on the international 
community and civil society activists inside Iran to do what they can to 
prevent Salar Shadizadi's execution.

(source for both: Iran Human Rights)