[Deathpenalty] death penalty news----worldwide
Rick Halperin
rhalperi at smu.edu
Mon Jun 22 10:15:40 CDT 2015
June 22
PAKISTAN:
Pakistan considers blasphemy law overhaul
Pakistan is considering blasphemy law reforms.
The last time a lawmaker messed with the law, he was assassinated. In 2008,
Salman Taseer, the 26th governor of Punjab province, advocated for Asia Bibi's
release from jail. She is the Christian woman who faces the death penalty for
apostasy and was convicted under the blasphemy law.
Not only did Taseer advocate her release, he also said the President would
annul her death sentence.
The announcement triggered mass protests. Imams in the local mosques accused
Taseer of defying Mohammed. In early 2011, Taseer's security guard assassinated
him. What has changed in 4 years? Bruce Allen of Forgotten Missionaries
International credits international pressure.
The chair of the U.S. Commission on International Religious Freedom noted the
gravity of religious freedom violations and called for the country to be
designated a country of particular concern (CPC). That might have given the
country's legislators the push they needed. Allen says, "Pakistan wants to be a
member of the world community. Lawmakers finally did draft this bill to revise
the current blasphemy laws, to kind of get rid of some of the very easy
abuses."
Though the constitution guarantees religious freedom, Christians increasingly
suffer under Pakistan's blasphemy laws. One law stipulates that any person who
defiles the name of the prophet Muhammad or the Quran may be punished by life
in prison or death.
The problem, say the Christians, is that the laws are loosely written and open
to a wide interpretation. Accusations settle scores between feuding neighbors.
The accused have little hope of defending themselves because the charge of
blasphemy by a Muslim usually serves as sufficient evidence of the crime.
Attempts at tightening the language of the laws have been on and off since
2000. When the reform issue gained worldwide attention in 2010-2011 after Asia
Bibi's sentencing, Islamist political parties lobbied to keep the laws intact.
Yet lawmakers are facing the issue once more.
What they have is the draft of a bill that tightens up the loopholes. Allen
cautions against premature celebration. "It's not been signed into law yet.
According to the rules of the Pakistani senate, the bill has to pass through 3
different readings by the lawmakers before being voted upon."
Although it's a step forward, Allen says the bill has a long way to go yet.
Because it deals with matters pertaining to the Islamic religion itself, any
member of the senate may raise an objection that the bill is "repugnant to the
injunctions of Islam," he explains. "So, if any one of the members raise that
objection, then the Senate may, by a motion approved by not less than 2/5 of
the total membership, refer the question to the Islamic council of ideology."
>From there, the council considers this question: "What we're doing to the law,
in reforming it, is it going against Islam?"
Meanwhile, the inter-religious tensions are worsening. FMI considers
persecution part and parcel of their training. Allen explains, "We take them
back to Scripture, even in any of the ongoing training sessions that we have
with the pastors. We're reminding them, 'This is your responsibility to the
people that you're a shepherd for. Take them back to Scripture.'"
Through partnerships and friendships, church leaders are able to keep working
despite increasing stressors. Allen says encouragement from other followers of
Christ (like you) makes a difference. "It happened today with some of the
e-mails that we received from Mission Network News listeners of the prayers
that they are praying for their brothers and sisters in a place like Pakistan
or other countries in which we serve, and we share that with them."
(source: Mission Network News)
EGYPT:
Egypt to issue new laws on terrorism, parliamentary immunity----Egypt's cabinet
is discuss a new draft anti-terror law aimed at toughening penalties on the
funding of terrorist activities and organisations
Egypt's Minister of Parliamentary Affairs and Transitional Justice Ibrahim
Al-Heneidy disclosed Sunday that the justice ministry has finalised drafting a
new law aimed at cracking down on terrorist crimes.
"The new 52-article anti-terrorism law is primarily aimed at stemming the tide
of funding terrorist activities and organisations and giving new definitions
for terrorist crimes," said Heneidy in a press conference.
Heneidy argued that Egypt is facing a ferocious war against terrorism. "In the
coming stage, we focus on drying up sources of funding for terrorist activities
and as a result there is a pressing need to issue a new anti-terror law aimed
at meeting this objective," said Heneidy.
Heneidy said the new draft anti-terror law will be first reviewed by the
ministries of interior and defence. "They will have to give their remarks on
the draft law within 15 days, after which it will be referred back to the
justice ministry to be redrafted," said Heneidy.
Heneidy explained that, "The draft law will impose the death penalty on anyone
found guilty of funding a terrorist organisation."
"Those convicted of funding a terrorist will be sent to life in prison, but
those convicted of funding a terrorist-labeled organisation will face the death
penalty," said Heneidy.
Heneidy explained that under the draft law, different forms of funding
terrorist activities will be criminalised. "This funding could be cash or
in-kind, including use of national or foreign currency, financial or commercial
securities, bonds, and any documents or papers, even if they take a digital or
electronic form," said Heneidy.
Heneidy also indicated that Article 3 of the draft defines that "the funding of
terrorism includes the collection or the acquisition or the supplying of money
or weapons or ammunition or explosives or information in any way, including
digital or electronic forms, with the objective of carrying out a terrorist
crime or creating a safe haven for terrorists."
Heneidy indicated that, "The law will also send all those found guilty of
forming or running or leading a terrorist-labeled organisation to death or to
life prison."
He said the draft law will give new definitions of terrorists and terrorist
crimes. Article 1 states that a terrorist organisation is one that includes a
minimum number of three members acting inside or outside Egypt, having a local
or foreign nationality, and aiming to carry out crimes by means of terrorism.
Heneidy also said Article 2 defines a terrorist crime as one aims to cause
national disorder by use of force, violence, threats, or intimidation inside or
outside Egypt.
"Terrorist crimes also aim to jeopardise the safety of society or expose
citizens to harm or expose their rights, lives, and freedoms stated by the
constitution to danger," said Heneidy, adding that, "These crimes also aim to
disrupt national unity, social peace, national security, destroy antiquities,
and cause harm to the environment, natural resources, buildings, public or
private property, etc."
Meanwhile, informed sources said the cabinet will discuss a new law aimed at
making the coming parliament immune to dissolution.
The law would save the coming parliament from the threat of dissolution even if
the High Constitutional Court (HCC) decided to invalidate the parliament or its
election laws, sources said, adding that, "The law will state that if the HCC
ruled that any of the parliamentary election laws are unconstitutional, this
shall not automatically lead to disbanding parliament, but it will complete its
5 year term."
This will guarantee that state authorities perform their duties in a smooth way
and without facing the threat of dissolution, sources said. Political parties
have long asked for such a legislative amendment, insisting that it will open
the way for Egypt's long-delayed parliamentary elections.
(source: Ahram Online)
INDONESIA:
Indonesia rejects French drug convict's appeal against death penalty
A Indonesian court on Monday rejected an appeal by a French drug convict on
death row, taking him a step closer to the firing squad.
"We reject the challenge by the challenger," presiding judge Ujang Abdullah
told the State Administrative Court in Jakarta, ruling on the appeal brought by
Serge Atlaoui.
The 51-year-old's lawyers had been challenging President Joko Widodo's refusal
to grant him clemency, saying the leader had not properly considered Atlaoui's
case.
He had been due to be put to death with 7 other foreign drug offenders 2 months
ago but won a temporary reprieve after Paris stepped up pressure, with
authorities agreeing to let his appeal run its course.
(source: straitstimes.com)
***************
Frenchman set for execution as appeal fails
A French drug convict lost an appeal against his death sentence on Monday, but
his lawyers vowed to fight on and prevent yet another foreigner from facing the
firing squad in Indonesia.
However authorities in the Muslim-majority country indicated Serge Atlaoui's
execution was not imminent, as he would not be put to death during the Islamic
holy month of Ramadan, which ends mid-July.
The 51-year-old was due to be executed alongside seven other foreign drug
offenders 2 months ago but won a temporary reprieve after Paris stepped up
pressure, with authorities agreeing to let an outstanding appeal run its
course.
The execution in April of 2 Australians, a Brazilian and 4 Nigerians sparked
global anger. But President Joko Widodo insists convicted traffickers must be
harshly punished, saying Indonesia is facing a crisis due to rising drug use.
On Monday the State Administrative Court in Jakarta dismissed Atlaoui's latest
appeal, in which his lawyers argued the president rejected the convict's plea
for clemency without proper consideration.
The court upheld its previous decision from April that it did not have the
jurisdiction to hear the challenge to the clemency plea, which is typically a
death row convict's final chance to avoid the firing squad.
"We are disappointed with the decision but we will continue to find other legal
avenues," Atlaoui's lawyer Nancy Yuliana told reporters, adding that the legal
team was still considering its next steps.
"From the very beginning, we knew that he was innocent .. We are not asking for
him to be set free, we are just asking for his sentence to be reduced to life
imprisonment."
Tony Spontana, a spokesman for the attorney-general's office, which is in
charge of executions, told AFP that the authorities "appreciate this decision".
However he signalled the execution would not happen in the holy month: "I think
it's not a wise decision to carry out an execution in Ramadan."
- Secret drugs factory -
Atlaoui, a welder, was arrested in 2005 in a secret drugs factory outside
Jakarta and authorities accused him of being a "chemist" at the site.
But the Frenchman has maintained his innocence, claiming that he was installing
machinery in what he thought was an acrylics plant.
He was initially sentenced to life in prison but the Supreme Court increased
the sentence to death on appeal.
France has mounted a diplomatic campaign to save him, warning Jakarta of
unspecified consequences if he is put to death and saying there was a "serious
dysfunction" in Indonesia's legal system that led to Atlaoui being sentenced to
death.
His case has also generated anger among the public, with marches in some French
cities urging Indonesia to halt the execution plan.
After Widodo took office in October, he rejected pleas for clemency from
Atlaoui and other foreigners, many of which had been pending for years.
Atlaoui is among several foreigners who have sought to appeal against their
death sentences since the president's move, but none has so far succeeded and
authorities have accused the convicts of playing for time.
The failure of the Frenchman's latest legal bid came after the Supreme Court in
April rejected another appeal -- a request by Atlaoui's legal team for a
judicial review of his death sentence.
Indonesia pushed ahead with the April executions despite global condemnation
led by UN chief Ban Ki-moon.
The executions of Australian drug smugglers Andrew Chan and Myuran Sukumaran in
particular caused tensions, with Indonesia's neighbour Australia temporarily
recalling its ambassador from Jakarta.
Indonesia has some of the toughest anti-drugs laws in the world. The country
resumed executions in 2013 after a hiatus of several years.
(source: thelocal.fr)
*******************
French convict will not be executed during Ramadan: Indonesian govt
A French national who lost his last-ditch appeal against the death sentence on
Monday will not be executed during the Muslim holy month of Ramadan, a
spokesman for the Indonesian Attorney General's Office said.
An Indonesian court rejected Serge Atlaoui's appeal against the death sentence
earlier on Monday, making him the latest foreigner to face execution for drug
offences.
Atlaoui, who was arrested in a raid on a factory producing ecstasy pills on the
outskirts of Jakarta in 2005, had no further legal options available, spokesman
Tony Spontana said.
He gave no other indication of when Atlaoui might face the firing squad.
(source: Reuters)
*******************
France 'mobilised' to save national from Indonesian firing squad
The French government has declared a "total mobilisation" to save Serge Atlaoui
after an Indonesian court rejected his appeal against a death sentence on drug
trafficking charges.
The 51-year-old Atlaoui's lawyers had been challenging President Joko Widodo's
refusal to grant him clemency, saying the leader had not properly considered
his case.
He had been due to be put to death with seven other foreign drug offenders 2
months ago but won a temporary reprieve after Paris intervened, with
authorities agreeing to let his appeal run its course.
"The mobilisation of the French diplomatic service to save Serge Atlaoui is
total," junior minister for European affairs Harlem D???sir told France 2
television on Monday morning after the news that his appeal had failed came
through.
Atlaoui's lawyers said they had found other ways to save him from the firing
squad without giving any details.
(source: english.rfi)
TRINIDAD & TOBAGO:
Hemispheric human rights body concerned about T&T
The Inter-American Commission on Human Rights (IACHR) is calling on T&T to
initiate legislative reform to abolish the mandatory death penalty and to
address weaknesses in its equal opportunity legislation. In its report on the
154th General Session hosted in Washington DC last March, released Friday, the
Commission mentions T&T and Barbados as 2 Caribbean countries "whose laws still
contemplate the mandatory death penalty."
"Among other troubling aspects," the report says, is that "participating
organisations reported that while the death penalty has not been carried out in
this region since 2008, a number of states are still opposed to abolishing it."
Both the People's Partnership (PP) administration and opposition People's
National Movement (PNM) support the death penalty. In 1998, T&T withdrew from
the American Convention on Human Rights, citing the inability of the IACHR to
expeditiously deal with petitions from death row prisoners.
The report notes that Suriname abolished the death penalty on March 3 and
Barbados "has made a commitment to abolish capital punishment. It is worth
noting that 10 countries in the region have abolished the mandatory death
penalty in compliance with decisions of the inter-American human rights
system," the report says.
"The IACHR reiterates the need to move forward with legislative reforms in the
countries of the Greater Caribbean, so as to abolish capital punishment
throughout this region or, failing that, to impose a moratorium on its
application," it adds. The Board of the Commission is headed by its president,
T&T law tutor and attorney Rose-Marie Belle Antoine, and includes Jamaican
human rights attorney, Tracy Robinson, and 4 other commissioners from the
United States, Mexico, Chile and Paraguay.
The report also expresses disappointment that the government of T&T, which
prepared a written response to claims made, did not participate in a special
hearing earlier this year which entertained concerns about the country's Equal
Opportunity Act. Colin Robinson, who leads the Coalition Advocating for
Inclusion of Sexual Orientation (Caiso) and attended the March hearing, noted
that both Guyana and the Bahamas sent their foreign ministers. He described the
occasion as "a moment of acute embarrassment" for the country.
"Our foreign affairs ministry doesn't seem to see us as citizens as its
stakeholders," he said. The report notes that the Equal Opportunity Commission
(EOC) "on several occasions recommended that the state expand the prohibition
of discrimination to other categories, such as age, sexual orientation and HIV
status."
A March 23 statement from the EOC had indicated that proposals for reform had
actually been initiated by the Commission since 2010. A submission to
"reformulate" the proposals was also made in February 2014. On October 15 that
year, the EOC further proposed that "the ground of sexual orientation be
included for protection."
"However," the IACHR report adds, "these recommendations, which were also made
by various United Nations committees, reportedly have not been followed." The
Inter-American Commission also says that it has received information "regarding
the multiple, interrelated forms of violence and discrimination against trans
women, women living with HIV, and girls in Trinidad and Tobago."
It says the organisations which made submissions to the hearing "further
indicated that people with HIV should be considered a separate group and not
included in the disability category."
"The organisations reported that women living with HIV/Aids face serious
barriers to obtaining full access to health services, as well as severe stigma
from their communities," the report says. "They also indicated that one of the
country's human rights challenges is the lack of a national human rights
institution in line with the Paris Principles."
The "Paris Principles" relate to a 1993 resolution of the United Nations
General Assembly which, among other things, calls for the establishment of "a
national institution ... vested with competence to promote and protect human
rights."
"The IACHR expresses its concern regarding the lack of compliance with the
Equal Opportunity Commission's recommendations, and requests that the state
include the categories of age, sexual orientation, gender identity, and HIV
status as grounds on which to ban discrimination," the report says.
(source: The Guardian)
GERMANY:
Germany says will not extradite anyone facing death penalty
No one will be extradited from Germany if they face the death penalty, a
spokesman for the German foreign ministry said on Monday when asked about an Al
Jazeera journalist who has been remanded in custody in Berlin at Egypt's
request.
"I don't think one can say this loudly enough: Of course, nobody will be
extradited from Germany who risks being sentenced to death abroad," Martin
Schaefer told a news conference on Monday.
A Cairo court sentenced Ahmed Mansour, who has dual Egyptian and British
citizenship, to 15 years in prison in absentia last year on a charge of
torturing a lawyer in 2011 in Tahrir Square, the focus of the uprising that
toppled veteran autocrat Hosni Mubarak.
(source: Reuters)
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