[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

March 26



INDONESIA:

Indonesian court rejects appeal of Filipina on death row----In her application 
for judicial review, Mary Jane Veloso's lawyers argue that she was not provided 
with a capable translator during her 1st trial



Indonesia's Supreme Court has rejected an application by a Filipina on death 
row for a judicial review of her case, taking her a step closer to being 
executed along with several other foreign drug convicts.

"We appreciate the Supreme Court for its decision to reject the judicial review 
of Mary Jane," Tony Spontana, the spokesperson of the Attorney General's 
Office, told Rappler in a text message.

"This is in line with our expectation and understanding because her clemency 
request has already been rejected. She should not have any more legal 
remedies."

As well as the Filipina, Mary Jane Fiesta Veloso, 2 high-profile Australian 
inmates and convicts from France, Brazil, Ghana and Nigeria are set to face the 
firing squad after they recently had requests for presidential clemency 
rejected.

In her application for a judicial review, Veloso's lawyers had reportedly 
argued that she was not provided with a capable translator during her first 
trial.

But the Supreme Court's website said that judges on Wednesday, March 25, 
rejected Veloso's application for a review of her sentence. It did not provide 
details about the ruling and a court spokesman could not immediately be 
contacted for comment.

Veloso was caught at Yogyakarta airport, on the main island of Java, carrying 
2.6 kilograms (5.73 pounds) of heroin on a flight from Malaysia.

Jakarta plans to execute all 10 of the convicts - 9 foreigners and 1 Indonesian 
- at the same time, but has said it will wait for any outstanding legal appeals 
to conclude.

Australians Andrew Chan and Myuran Sukumaran, leaders of the so-called "Bali 9" 
drug-smuggling gang, as well as Frenchman Serge Atlaoui, currently have appeals 
that are working their way through the courts.

Chan and Sukumaran have lost 2 previous attempts to get judicial reviews of 
their cases, but their legal teams have lodged a further, rare appeal.

Indonesia has some of the toughest anti-drugs laws in the world, and President 
Joko Widodo has vowed there will be no clemency for traffickers on death row, 
as the country is facing an "emergency" due to rising narcotics use.

Jakarta put to death 6 drug convicts, including five foreigners, in January, 
sparking a diplomatic storm.

(source: rappler.com)






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

Bali 9: Mary Jane Veloso's key legal case delaying executions is rejected



One of the key legal cases delaying the executions of 10 drug felons in 
Indonesia including the Bali 9 duo has been rejected by the Supreme Court.

The case review of Filipina maid Mary Jane Veloso was expected to take up to 3 
months, buying time for all those on death row including Andrew Chan and Myuran 
Sukumaran.

However Supreme Court spokesman Ridwan Mansyur confirmed the judicial review 
request had been rejected on Wednesday.

Although others facing the firing squad still have outstanding legal 
proceedings, Veloso had been considered by her legal team to have a strong 
chance of having her death sentence commuted.

"She is innocent, she did not know what she was doing," lawyer Agus Salim told 
Rappler in an interview on March 20. "She's a victim."

Veloso, a mother of 2, was sentenced to death in 2010 for attempting to smuggle 
2.6 kilograms of heroin from Malaysia to Yogyakarta.

She maintains she was deceived by an acquaintance and did not know the drugs 
were in the lining of her suitcase.

Her lawyers argued she deserved a case review because the translator during her 
trial was only a student who did not have a license from the Association of 
Indonesian Translators.

Mr Ridwan said the ruling had been published on the Supreme Court's website 
however the legal consideration leading to the decision was still being 
processed.

A spokesman for Attorney-General H. M. Prasetyo confirmed officers from the 
Attorney-General's office were visiting Nusakambangan - the site of the 
executions - on Friday but denied the visit was related to the executions.

Spokesman Tony Spontana said the decision on Veloso did not necessarily mean 
the executions would be held soon.

"We are still waiting for all legal processes to be completed," he said.

Lawyers for Chan and Sukumaran will return to the administrative court on 
Monday with an expert witness who will argue that the court has the 
jurisdiction to hear the men's appeal.

The court has previously thrown out their legal challenge to President Joko 
Widodo's rejection of their clemency pleas on the grounds it does not have the 
authority to make a ruling.

This is now being appealed in the same court. A decision is expected in early 
April.

Others with legal processes still underway include Frenchman Serge Atlaoui, 
Martin Anderson from Ghana and Nigerian Raheem Agbaje Salami.

The Indonesian government has repeatedly said its preference is to kill all 10 
drug felons simultaneously because staggered executions would affect the 
psychological state of those on death row.

(source: Sydney Morning Herald)

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

Bali 9: Chan And Sukumaran's Lawyers Present New Evidence To Court



Lawyers for Bali 9 pair Andrew Chan and Myuran Sukumaran have presented new 
evidence in administrative court. The Australians??? legal team will return to 
the Jakarta court with an expert witness to help them with their case.

Chan and Sukumaran's lawyers filed an appeal in the administrative court in 
February, challenging Indonesian President Joko Widodo's blanket ban on 
clemency that affected 64 death row inmates. The Bali 9 duo's lawyers argued 
that the president did not review individual cases on their merits as required 
by law, adding the leader failed to follow the due process by denying all the 
appeals at once.

The administrative court rejected their application, saying that it did not 
have jurisdiction to hear the case. The lawyers have then filed an appeal. And 
on Wednesday, lawyer Leonard Arpan revealed that they have presented new 
evidence on laws on the president's prerogative rights to the Jakarta court. 
They will return to court with an expert witness on Monday.

It is expected that the witness will give evidence relating to the dismissal of 
the appeal. If not, Rusdihadi Teguh, a lawyer for the state, told reporters 
that they would object.

Chan and Sukumaran were transferred from the Kerobokan prison to Nusakambangan 
Island earlier in March in preparation for their execution. However, they may 
have to wait for months before the grim event. The Supreme Court has decided to 
review the case of Mary Jane Fiesta Veloso, a Philippine national set to be 
executed alongside Chan and Sukumaran, and the entire proceeding may take 
around three months to complete.

Attorney-General spokesman Tony Spontana said that they would wait for all 
legal procedures to be over before they would proceed with the execution. 
Simultaneous executions are believed to be "more efficient and effective." With 
Veloso's case under review, the Bali 9 pair, as well as the other 7 death row 
convicts who would face the firing squad with them, have been given more time. 
Chan and Sukumaran remain in Nusakambangan Island as they wait for all their 
legal avenues to be exhausted.

Meanwhile, Mr Widodo is too busy to take Australian Prime Minister Tony 
Abbott's call about the Bali 9 pair in death row. The Asian country's envoy in 
Australia, Nadjib Riphat Kesoema, said on Thursday that the Indonesian leader 
had not talked to his Australian counterpart ever since their initial phone 
call.

"The 2nd and the 3rd time - the President was so busy," Kesoema said in 
Canberra. He added that the president's 1st program is to visit his people in 
the provinces.

(source: IB Times)








INDIA:

President commutes death sentence of Assam death row prisoner



The death sentence of a condemned prisoner belonging to Assam has been commuted 
to life imprisonment by President Pranab Mukherjee.

The President has commuted the death sentence of Man Bahadur Dewan, alias Tote 
Dewan, who hails from Assam's Dibrugarh district, to life imprisonment, 
official sources said today.

This is one of the rare cases where Mukherjee has commuted the death sentence 
after becoming President in 2012.

The relief to the condemned prisoner came after the President rejected mercy 
petitions of 22 death row convicts at a stretch.

Dewan was sentenced to death for killing his wife Gauri and 2 minor sons, Rajib 
and Kajib, in September 2002.

The prisoner had also killed one of his neighbours, Bidhimaya, and surrendered 
before the police after the multiple murder.

The death sentence of 1993 blast convict Yakub Menon, whose mercy petition was 
rejected by the president, had been stayed by the Supreme Court. Nithari serial 
rape and murder convict Surender Koli's mercy petition, too, was rejected by 
Mukherjee but he got relief from the apex court.

In Dewan's case, Mukherjee is believed to have relied upon the opinion of the 
Home Ministry which had advised him to take a lenient view of the case.

The Ministry is learnt to have advised Mukherjee that Dewan is from a poor 
background and murdered his wife, sons and a neighbour due to abject poverty 
and unemployment.

(source: Business-Standard)








PAKISTAN----executions

3 death row prisoners executed



A murder convict was executed in Kot Lakhpat Central jail on Wednesday.

Ayub, son of Bashir, was sentenced to death by a sessions court of Sheikhupura 
after finding him guilty of killing a man. The court had issued black warrants 
for Ayub after the government lifted moratorium on executions on Dec 17.

In Bahawalpur, convict Ghulam Yaseen was hanged at the new central jail.

There was high security around the jail at the time of the execution in the 
early hours. In order to cope with any emergency, law-enforcement personnel 
remained deployed on roads and residential areas around the jail till the body 
of Yaseen of Allah Rakha village, Ahmedpur East Tehsil, was taken to home by 
his family.

In Mianwali, a death row prisoner was hanged at central jail while execution of 
another convict was cancelled due to a compromise with heirs of the deceased.

Muhammad Khan of Chak 8-ML, Piplan tehsil, had shot dead his relative Nawaz in 
2000 over a family feud and he was awarded death sentence by the Mianwali 
sessions court in 2001. After rejection of all appeals, the judge issued his 
black warrant and he was hanged early in the morning. His body was handed over 
to the family.

The execution of Mohibdar Husain Shah of Chidro was cancelled on Wednesday due 
to a compromise with heirs of deceased.

Mohibdar had killed his relative Agha Husain in 2000 and he was awarded death 
penalty in 2001.

On Tuesday, Agha's family members appeared before the sessions court and 
recorded statement of compromise.

(source: Dawn)

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

44 women inmates on death row in Punjab await clemency



Following the lifting of moratorium on death penalty, the government has been 
putting convicts to death. The clemency pleas of as many as 44 women inmates on 
death-row are awaiting President's response.

According to the jail sources, the clemency appeals of 2 women inmates have 
already been rejected; however, the concerned courts have not yet issued their 
death warrants.

Both the women will be executed as soon as the death warrants are issued.

The jail sources told our correspondent that most of the women inmates on 
death-row are convicted for crimes like murdering husbands with the help of 
lovers or the domestic disputes turning fatal.

The sources said that very few women are sentenced to death in other crimes. 
Some of the death-row inmates are young women who had killed their lovers over 
infidelity.

IG Prisons Mian Farooq Nazir said that none of the female inmates are pregnant 
and neither are any children of death-row inmates in the prison.

(source: Dunya News)








CHINA:

East Turkestan: WUC Condemns Recent Executions and Takes a Stand against the 
Death Penalty



In the past few years, Chinese authorities have targeted the Uyghur population 
and sentenced some of its leaders under non-transparent charges. Following an 
attack in the Yunman Province in March 2014, in which several people were 
killed, 3 Uyghurs were executed on 24 March 2015 on charges of terrorism and 
providing knowledge on terror activities to the actual perpetrators of the 
aforementioned attack. The World Uyghur Congress takes a strong stand against 
these executions and asks for more transparency and, more in general, for 
Beijing to abolitish of the death penalty.

Below is an article published by The World Uyghur Congress:

The World Uyghur Congress condemns the recent execution of 3 Uyghurs from East 
Turkestan who were allegedly associated with 4 men and 1 woman involved in an 
attack outside a train station in Kunming 1 year ago. As is typically the case, 
very little information has been released by the state about the nature of 
their relationship, or if there are legitimate grounds for punishment. Although 
justice must be done for those who choose violence as a means of recourse to 
state repression, the WUC is consistent in its opposition to the use of the 
death penalty and calls for its abolition.

On March 1, 2014, 4 men and 1 woman killed 31 and injured another 141 in an 
attack outside a train station in Kunming, Yunnan Province. On Tuesday, March 
24, 3 men, Iskandar Ehet, Turgun Tohtunyaz and Hasayn Muhammad, were put to 
death after China's Supreme Court upheld their convictions for the crimes of 
murder and "organizing and leading a terrorist organization".

Police reported that although the three men were not directly involved in the 
attack, they had been involved in training others for "terror activities". No 
further information concerning the relationship between these men and the 
attackers was ever provided and their own specific activities were never 
disclosed, apart from vaguely worded court statements alleging some 
participation.

As has been seen over the past year, it has become increasingly common for the 
Chinese government to sentence Uyghurs without the proper observance of legal 
procedures. Death sentences doled out in 2014 have shown that the majority, if 
not all, of these decisions are implemented troublingly quickly by Chinese 
authorities. None of these sentences have been delivered transparently or with 
any opportunity for external scrutiny by 3rd parties.

Very little evidence is ever made public and there are few signs that suspects 
are ever provided legal representation - a clear breach of the International 
Covenant on Civil and Political Rights, to which China is a signatory (but has 
yet to ratify).

Amnesty International has called the death sentence "the ultimate denial of 
human rights" and reminded us that its use is in clear violation of the right 
to life under the Universal Declaration. The WUC reminds the international 
community that China has consistently been in clear violation of a number of 
internationally recognized human rights norms and continues to disregard the 
essential principles of freedom of speech and assembly as well as the right of 
legal due process.

China remains the world leader in the use of the death penalty, executing more 
people than any country last year combined. Executions rose from 682 in 2012 to 
778 in 2013, according to Amnesty International, suggesting that China 
continues to move against the overwhelming trend away from its practice. 
Although Amnesty's estimates are based on factual information taken from inside 
the country, many have suggested that the real figure is likely much higher.

The WUC also remains rightfully concerned with the most recent adoption of 
China's new counter-terror legislation which looks to further criminalise 
quotidian behaviour and cultural or religious activities. What now falls under 
the ambit of the new law may include "speech or behaviour" that looks to 
"influence national policy making". The actions of parents encouraging their 
children to take up religious practice may also now be characterized as 
"terrorist or extremist tendencies" under the new law.

The WUC therefore urges China to rethink its counter terror policy as well as 
its continued use of the death penalty, which neither serves to act as a 
deterrent nor is an acceptable method of punishment in the 21st century. The 
international community must also play an important role in pressuring the 
Chinese government to move away from its practice.

(source: Unrepresented Nations and Peoples Organization)