[Deathpenalty] death penalty news----worldwide
Rick Halperin
rhalperi at smu.edu
Fri Mar 27 10:59:01 CDT 2015
March 27
UNITED KINGDOM/PAKISTAN:
Calls for ministers to intervene in the case of a Pakistani blasphemy accused
Ministers are facing calls to intervene in the case of a Pakistani Christian
woman condemned to death for blasphemy.
Human rights campaigners said ministers could use their links with the country
to demand a reprieve for Asia Bibi who was convicted of blasphemy in 2010 after
an argument with Muslim co-workers.
The call comes as a UK-wide petition calling for the release of the woman tops
half a million signatures.
Aid to the Church in Need, a global charity which aims to halt the persecution
of Christians across the globe, has also called on the Consulate of Pakistan in
Glasgow to encourage its government to carry out a review of the case.
Lorraine McMahon, head of operations in Scotland for the charity, said: "What
is the Scottish Government doing to hold the Pakistan Government to account?
"It must utilise the strong business and cultural links between Scotland and
Pakistan and the relationship External Affairs Minister Humza Yousaf has built
up with Pakistani Government."
She added that the UK Government had doubled aid to Pakistan to over ???400
million per annum and had "expressly stated that this money is aimed at
tackling extremism".
She said: "However, over that same period our research shows that acts of
intolerance and violence have increased and that few if any steps have been
taken to alter current legal frameworks that clearly intimate religious
minorities and only make the situation worse."
The Change.org petition was organised by university student Emily Clarke, who
was moved by the plight of Ms Bibi, the 1st woman to be sentenced to death in
Pakistan, with the number of signatures rising to more than 570,000.
The High Court in Lahore upheld her death sentence last October while her
family is making a last chance appeal to Pakistan's Supreme Court.
Minister for Europe and International Development
Mr Yousaf said: "The Scottish Government strongly opposes the death penalty in
all circumstances, and believes it to be the most fundamental violation of
human rights. Scottish Ministers have consistently raised this issue through
the UK Government and with the authorities in Pakistan.
"Scotland has a strong and enduring commitment to securing democracy, the rule
of law and fundamental human rights across the world.
"Respect for human rights, the rule of law and democratic principles is
critical to the stability of all nations and territories, and the Scottish
Government is committed to ensuring we make a contribution to that effort as a
good global citizen.
"We are deeply concerned by all incidents of religious persecution and have
called on the Foreign Secretary to outline how the UK Government plans to
engage further with international governments and faith leaders to tackle the
persecution of religious minorities around the world."
(source: heraldscotland.com)
**********
IHC stays triple-murder convict's execution
A Division Bench (DB) of the Islamabad High Court (IHC) Thursday granted stay
in the execution of capital punishment to Raees Ahmad, a convict of
triple-murder, after his counsel adopted before the court that a settlement is
being struck between his client and the victim family.
The IHC dual bench comprising Justice Athar Minallah and Justice Aamir Farooq
stayed the execution of death sentence to the triple murder convict and
directed the counsel to produce the compromise deed before the court till March
30 and deferred the proceedings in this matter till then.
Presently, the convict Raees Ahmad is imprisoned at Adiala Jail Rawalpindi and
he was scheduled to be hanged on the morning of March 27 (today).
An Anti-Terrorism Court (ATC) awarded death penalty to him in 1999 for charges
of triple murder.
Raees Ahmed of Bara Kaho was awarded death sentence by a local court in 1999
for triple-murder.
Later he had filed appeals against the sentence that were dismissed by the high
court and Supreme Court of Pakistan.
His brother and father were also awarded sentence of imprisonment and they died
inside the jail while serving the sentence.
The counsel for Raees appeared before the IHC dual bench and informed the court
that a settlement is being struck with the victim family. Therefore, he
requested the court to issue directions to halt the execution of death sentence
to his client.
After hearing the arguments, the division bench stayed the execution and
adjourned the hearing in this matter till March 30 for further proceedings.
(source: The Nation)
INDONESIA:
Executions near as Indonesia's supreme court rejects petition
Attorney General M. Prasetyo praised the Supreme Court's (MA) decision to
reject a second case review petition filed by Philippines national Mary Jane
Fiesta Veloso, adding that the decision helps clear the way for the Attorney
General's Office (AGO) to carry out a second batch of executions.
Prasetyo said that the AGO would announce the date of the executions after the
Supreme Court issued rulings on 2 other case-review petitions filed by 2 other
drug convicts; Serge Areski Atlaoui of France and Martin Anderson alias Belo of
Ghana.
Atlaoui is currently challenging his death penalty verdict, which stems from a
November 2005 arrest where he was found in possession of 138.6 kilograms of
methamphetamine, 290 kg of ketamine and 316 drums of drug-making ingredients at
a factory in Cikande, Tangerang, Banten. Anderson was sentenced to death after
being arrested with 50 grams of heroin in Kelapa Gading, Jakarta, in November
2003.
"From the very beginning we were prepared to conduct the executions, but we
also must respect the legal process. The executions will be conducted as soon
as we hear the result of the legal process of [the 2 other convicts]," Prasetyo
said on Thursday.
Prasetyo added he hoped both appeals would be rejected so the AGO could proceed
with the executions.
"I think the Supreme Court has the same spirit as us and we have to appreciate
what it has ruled [on Veloso]," Prasetyo added.
Separately, Supreme Court spokesman Suhadi confirmed the rejection of Veloso's
case-review petition, saying the panel of three justices - comprising Timur
Manurung, Andi Samsan Nganro and Mohammad Saleh - ruled Wednesday that Veloso's
petition failed to meet the requirements for a case review as stipulated in the
Criminal Code (KUHP).
"The arguments [of the bench] are that the petition failed to meet requirements
for a case review," Suhadi said on Thursday.
Veloso was sentenced to death after she was found guilty of attempting to
conceal 2.6 kg of heroin at Adisucipto International Airport in April 2010 in
Yogyakarta.
Veloso, Anderson and Atlaoui are 3 of 10 convicts who are set to be executed in
the near future on the isolated Nusakambangan prison island near Cilacap,
Central Java.
The other drug convicts facing imminent executions are Bali 9 duo Myuran
Sukumaran and Andrew Chan of Australia, Rodrigo Gularte of Brazil, Zainal
Abidin of Indonesia and Raheem Agbaje Salami of Nigeria. Also slated to be
executed are three convicted murderers of Indonesian nationality: Syofial alias
Iyen bin Azwar, Harun bin Ajis and Sargawi alias Ali bin Sanusi.
President Joko "Jokowi" Widodo has reportedly declined multiple phone calls
from Australian Prime Minister Tony Abbott, who has very publicly pleaded with
Jokowi to spare the lives of Sukumaran and Chan.
Abbott told reporters on March 5 he made such an appeal to Jokowi by phone and
had been unsuccessful.
Indonesian Ambassador to Australia Nadjib Riphat Kesoema on Thursday brushed
off intimations of a kind of snub.
"The President was too busy," the AP quoted the ambassador as telling reporters
in the Australian capital of Canberra.
"Because, as you know, the President's 1st priority is his own people, to the
provinces. Not only in Java, in Kalimantan or Sumatra, but also in Papua. So he
is making a lot of trips," he said.
"I've certainly put in a request because the government and the people of
Indonesia need to know that this is important to us," Abbott said in early
March.
(source: asiaone.com)
**********************
Bali 9: Indonesia denies judicial review for fellow death row inmate Mary Jane
Veloso
Indonesia's high court has denied a judicial review for a woman who is due to
be executed alongside 2 Australians, despite her not having a proper translator
when she was sentenced to death.
The lives of convicted drug smugglers, Andrew Chan and Myuran Sukumaran, depend
on their current court challenge but also on the legal challenges mounted by
those listed for execution alongside them.
Indonesia has delayed the executions until all legal options have been
exhausted.
One of their fellow death row inmates, Mary Jane Veloso, from the Philippines
had applied for a Judicial Review because she was not provided with a proper
translator during her trial and did not understand proceedings.
But a spokesman for the Supreme Court said her application was rejected.
Had it been granted, it could have delayed the executions for months.
The 2 convicted drug smugglers' legal appeal returns to court on Monday.
(source: ABC news)
THAILAND:
Thailand ranked in middle related to death penalty abolishing
Thailand ranked somewhere in the middle when it comes to abolishing death
penalty among nations in the Southeast Asian region and the kingdom was
criticized for a 'lack of tangible advancement' towards abolishing death
penalty in a latest United Nations report released Friday.
Although Cambodia, the Philippines and Timor-Leste have abolished death
penalty, Thailand still maintains its death penalty although no execution has
taken place since 2009 and is regarded as a 'rententionist state'.
As of 30 June 2014, there were at least 612 people under sentence of death in
the kingdom and the year 2013 alone saw 294 people sentenced to death.
Crimes punishable by death in Thailand includes offences against royalty,
internal and external security, and liberty, and offences relating to sexuality
causing death.
(source: The Nation)
EGYPT:
Egyptian faces death penalty for crimes he did not commit, lawyers say ----
Hany Amer has been convicted of attacks on police his family and legal team say
happened after he was 'disappeared' into a military prison
Lawyers fear an Egyptian prisoner will be executed in the coming days for
crimes they say he could not have committed because they took place months
after he had been "disappeared" into a secret military black site.
Hany Amer, a 35-year-old computer programmer, has been sentenced to death along
with 8 others by a military court for taking part in attacks on a police van
and an army checkpoint in March 2014, and for being a leader of Ansar Beit
al-Maqdis (ABM), an extremist group that later pledged allegiance to Islamic
State (Isis).
Among other allegations, military prosecutors said Amer and his co-defendants
"agreed between each other on a hostile attack against one of the army's
personnel transportation vehicles while military personnel were inside it" and
were arrested days later on 19 March.
But Amer's lawyers and family say that he was arrested on 16 December 2013,
well before any of the attacks took place, and likely taken to Azouli, a secret
military prison that was the subject of a Guardian investigation in June 2014.
In a message apparently smuggled from prison, Amer wrote that his conviction
constituted "the highest degree of infidelity and tyranny ... by accusing us of
participating in incidents that took place while we were under arrest".
Egypt's military judicial authority repeatedly said no one was available to
respond to the claims, while a spokesman for the defence ministry declined to
comment. Egypt's main mouthpiece, the State Information Service, said it was
not authorised to respond on the army's behalf.
In 2 messages seen by the Guardian, Amer's family sent a telegram to
prosecutors on 17 December, demanding to know his whereabouts, while his lead
lawyer, Ahmed Helmy, sent a similar demand in January 2014. Neither message got
a response.
But in February, prisoners from Azouli who were attending a separate trial told
Helmy's colleagues that Amer was one of up to 400 people being held outside of
civilian oversight at the jail, which is inside the headquarters of Egypt's 2nd
army, 62 miles (100km) north-east of Cairo.
Helmy said: "7 people came from Azouli, so we used to ask them who they saw
there, and we made a list of that. His name was on the list."
Helmy believes that Amer and others were forced to confess under duress. Azouli
survivors interviewed by the Guardian claim they were electrocuted, beaten, and
hung naked from their wrists for hours to get them to give up information.
Helmy says that some prisoners, including Amer, were repeatedly tortured until
they made specific confessions.
"You can't know if these people have committed these crimes or not," Helmy told
the Guardian last year. "Under the pressure of torture you can admit to
anything. It's clear that some people are admitting to things because of the
torture."
Egypt has faced a series of major jihadi attacks since the overthrow of the
Islamist president, Mohamed Morsi, in June 2013. But Amer's brother claims he
was not involved and was likely targeted because the police had failed to
arrest the real culprits and needed to find easy scapegoats. His brother
believes Amer drew attention because he was a known supporter of Hazem Abu
Ismail, a popular Salafi preacher jailed in the days after Morsi's ousting.
Amer's brother said: "The government is treating prisoners like my brother as a
strategic reserve so that whenever there is a big terrorist attack and they
can't find the actual militants, they bring people like Hany from prison and
charge them so that it doesn't look like they actually failed.
"The charges from the military case were all from March - but my brother was in
Azouli since December. Others were inside since November. But the problem is
that there is nothing that proves they were in Azouli. The government always
denied they were there. The only proof we have are the telegrams we sent
before.
"I don't know for certain if any of them were involved. But for sure Hany and
several others were in Azouli - and they couldn't have escaped just to do these
crimes."
Under the former army chief Abdel Fatah al-Sisi, the Egyptian government has
launched a crackdown on all forms of political and militant opposition that
Amnesty International and Human Rights Watch say is "on a scale unprecedented
in Egypt's modern history". At least 1,000 dissidents have been killed since
Morsi's overthrow, while security officials have told the Associated Press that
at least 22,000 people have been arrested. According to rights groups, many of
them have been subject to miscarriages of justice.
Only 1 man has been executed so far, but hundreds are appealing death sentences
that were given en masse after trials that lasted less than an hour.
Spokesmen for the Egyptian government deny any judicial impropriety and have
frequently praised "the independence, fairness, and transparency of Egypt's
judiciary". They say the crackdown is justified as a legitimate response to
jihadi attacks, which have killed hundreds of policemen and soldiers.
(source: The Guardian)
CHINA:
China Domestic Violence Law May Spare Spouse Murderers from Death Penalty
With China expected to begin review of its first national domestic abuse law in
August, various parties, including the public, have begun to weigh in on how
the law should handle the perpetrators and victims of domestic violence.
China's Supreme Court and Procuratorate has recommended that courts should no
longer seek the death penalty in cases of domestic violence where men murder
their wives in self-defense, Beijing Today reported Thursday.
The court's recommendation came as a reaction to a similar policy enacted in
2014 that removed capital punishment as a possible sentence in cases where
wives had killed their husbands after prolonged abuse.
Allowing only women to be exempt from the death penalty was seen as
discriminatory, the story stated.
Should the Supreme Court's recommendations be passed, assailants both male and
female will be charged with "excessive defense" instead of murder.
The sentencing guidelines are also the result of what is seen as a disparity
between the punishment of domestic violence perpetrators.
2 examples reported by Women of China illustrate this situation: Dong Shanshan
was beaten to death by her husband after less than a year of marriage. He was
sentenced to 6 years and 6 months in prison. Li Yan killed her husband after
years of abuse and several appeals to the police for assistance. She was
sentenced to death, which was upheld on appeal, but finally commuted to an
as-yet undefined, non-capital sentence by the Supreme Court.
(source: thebeijinger.com)
IRAN----executions
7 prisoners hanged
At least 7 prisoners were hanged on Thursday in a prison in the southern city
of Shiraz.
The prisoners who had been arrested on drug related charges were hanged in the
city's main prison known as Adelabad prison.
The victims had been transferred to Isolation last Thursday, a day before the
Iranian New Year and hanged in secret this week.
Many prisoners have been hanged secretly during the last few months in prisons
across Iran.
According to a report, a group of 4 men also were hanged last month in a prison
in the city of Maragheh, in northwestern Iran.
They were identified as Bahram Ashtari, Atef Ranjbar, Karim Sadat and Vali
Najafnia.
Some 1,400 individuals have been executed in Iran under Hassan Rouhani. The
victims included political prisoners, women, juvenile offenders and citizens of
Afghanistan.
The U.N.'s special investigator on Iran said on March 16 that the human rights
situation and repression of Iranian women and activists has worsened since
Hassan Rouhani became president in 2013.
Dr. Ahmed Shaheed said in Geneva: "in my view the overall situation has
worsened, as indicated by the surge in executions."
He lamented that Iran executes more people per capita than any other country in
the world.
"There is a lot of concern amongst the Iranian society that the nuclear file
may be casting a shadow over the human rights discussion," Shaheed told the
news briefing.
Mr. Shaheed, a Muslim and former foreign minister of the Maldives, has not been
allowed to visit Iran since taking up the independent post.
(source: NCR-Iran)
JAPAN:
1 year since Hakamada's release, how much has really changed for Japan's death
row inmates?
Exactly 1 year ago today, 78-year-old Hakamada Iwao walked out of the Tokyo
Detention Centre after a District Court in Japan granted him a temporary
release and retrial. Hakamada ??? the world's longest serving death row
prisoner -- had spent more than half his life on Japan's death row. His
conviction had been based on a "confession" he made under repeated torture, and
with evidence that the court ruled could have been fabricated.
Yet, despite the fact that this high-profile case shook people's confidence in
Japan's prison and justice systems, 1 year on, little has changed. Japan's
criminal justice system is still deeply flawed and conditions on death row
remain inhumane.
Solitary confinement
When Hakamada emerged from detention into the glare of the media spotlight on
27 March last year, what news cameras captured was not an image of jubilation,
but of a slightly stooped elderly man wearing a blank expression. After more
than 45 years confined alone in a 5 square metre cell, Hakamada left prison
mentally ill. His speech makes little sense and he often withdraws into
himself. At other times, he suddenly flies into a temper.
Hakamada began showing signs of disturbed thinking and behaviour back in 1980,
when the Supreme Court confirmed his death sentence. His lawyer reported that
it was difficult to communicate with him, which made meetings with him
ineffective. Conversations with his sister, Hideko, and letters he wrote also
showed disordered thinking.
"After more than 45 years confined alone ... Hakamada left prison mentally
ill."----Hiroka Shoji
In Japan, death row prisoners are kept secluded from the outside world, which
in addition to solitary confinement also means little contact with family
members. Hakamada lived under such conditions for not just years, but decades.
Mental health ignored
Hakamada is not the only inmate to have become mentally ill while on death row.
Matsumoto Kenji, facing execution since 1993, also saw his mental health slip
while detained. This was on top of an intellectual disability that he was born
with.
Like Hakamada, Matsumoto began showing signs of irrational thought following
detention. In 2008, a supporter said he received a letter from Matsumoto in
which he claimed to have received prize money from the Japanese Prime Minister
and the US President, events that had not taken place. Because of his mental
disability, his lawyers said that he is unable to understand and participate in
the legal proceedings in his case, nor can he help them prepare appeals in his
defence.
International law and standards clearly state that the death penalty should not
be used on people with mental or intellectual disabilities. Yet, Japan has no
effective safeguards to stop this from happening, so that prisoners like
Matsumoto with pre-existing intellectual disabilities are still condemned to
death. And the prison conditions that have caused so much damage to Hakamada
and Matsumoto's mental health remain unchanged.
"International law and standards clearly state that the death penalty should
not be used on people with mental or intellectual disabilities."----Hiroka
Shoji
Need for change
In a public statement following his release, Hakamada said: "It is absolutely
unacceptable for a nation state to kill its people."
His case raises potent questions. For example, can locking someone up in a
cramped cell, alone for decades ever be justified? Does the Japanese criminal
justice system as it stands guarantee fair trials and provide enough safeguards
against forced confessions? And if the risk of executing the innocent is always
present, will there ever be enough safeguards? Experience from the great
majority of countries in the world shows that the answer is no.
In the past year, Hakamada has shown signs of improvement. Now living in
Shizuoka, Japan, with his sister, Hideko, he has become more open to having
conversations with her. Occasionally, a smile even breaks through.
"It is absolutely unacceptable for a nation state to kill its
people."----Hakamada Iwao
Hakamada's case still sits with the high court pending a ruling on a retrial,
but for now, he is back home. Reforms to the justice system and improvements in
conditions on death row are needed to be sure, but the ultimate change must be
an end to the death penalty. My hope is that reform in Japan will not come too
late for Matsumoto and others like him still on death row.
(source: Amnesty International)
More information about the DeathPenalty
mailing list