[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

May 7


EUROPEAN UNION:

Civil liberties MEPs to debate how return to death penalty could hurt EU status



The possible effects of an EU member state decision to reintroduce the death 
penalty, including those on its rights and status as a member state, will be 
debated in the Civil Liberties Committee on Thursday at 16.30.

The debate was prompted by the Conference of Presidents' decision of 30 April 
to ask the Civil Liberties Committee to examine the issue "as a matter of 
urgency". At the meeting President Schulz and political group leaders discussed 
the recent statement by Hungary's Prime Minister Viktor Orban about a possible 
restoration of the death penalty there.

Ms Paraskevi MICHOU, acting Director General of DG Justice, will represent the 
European Commission in the debate.

(source: European Parliament News)








SAUDI ARABIA----execution

Saudi beheads 79th convict this year



Saudi Arabia on Wednesday beheaded one of its nationals convicted of drug 
trafficking, bringing to 79 the number of executions this year.

According to AFP tallies, that figure compares with 87 for all of last year and 
adds to what Amnesty International has called a "macabre spike" in the 
kingdom's executions of locals and foreigners.

Authorities carried out the death sentence against Hussein al-Omairi in the 
northwestern region of Tabuk, the interior ministry said in a statement carried 
by the Saudi Press Agency.

He was guilty of smuggling amphetamines, it said.

Visiting French President Francois Hollande said in Riyadh on Tuesday that his 
country was "campaigning across the world to abolish the death penalty."

Drug trafficking, rape, murder, apostasy and armed robbery are all punishable 
by death under Saudi Arabia's strict version of Islamic sharia law.

The interior ministry has cited deterrence as a reason for carrying out the 
punishment, despite criticism from London-based Amnesty and other watchdogs.

(source: Agence France-Presse)

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

79 people have been executed so far in 2015 in the desert kingdom



Saudi Arabia carried out its 79th execution in 2015 on Wednesday (6 May).

The news comes amidst renewed calls from Amnesty International to bring to a 
halt the "macabre spike" in Saudi Arabia's executions.

In 2014, an estimated 87 executions were carried out by the Kingdom, according 
to AFP News tallies, which is a stark reminder of the alarming rate with which 
executions are being carried out in 2015.

The latest death sentence was carried out in the Kingdom's northwestern region 
of Tabuk, reported AFP News.

Hussein al-Omairi, a Saudi national, was executed for trafficking amphetamines, 
according to a statement from the interior ministry.

French President calls for death penalty ban

French President Fran???ois Hollande called on Tuesday (5 May) for a ban on the 
death penalty.

Hollande was in the Saudi capital Riyadh for the Gulf Co-operation Council 
summit, where he met several GCC leaders, including Saudi King Salman.

"France is campaigning across the world to abolish the death penalty. The death 
penalty should be banned," said Hollande told reporters after meeting GCC 
leaders including Saudi King Salman.

"This unprecedented spike in executions constitutes a chilling race to the 
bottom for a country that is already among the most prolific executioners on 
the planet" - Said Boumedouha of Amnesty International

Saudi Arabia executed 5 foreigners on Monday (4 May) over murder and robbery 
charges.

Crimes that can result in the death penalty in the Kingdom, include adultery, 
armed robbery, blasphemy, drug trafficking, murder and rape to name a few.

Said Boumedouha, the deputy director of Amnesty International's Middle East and 
North Africa Programme, said: "This unprecedented spike in executions 
constitutes a chilling race to the bottom for a country that is already among 
the most prolific executioners on the planet.

"If this alarming execution rate continues, Saudi Arabia is well on track to 
surpass its previous records, putting it out of step with the vast majority of 
countries around the world that have now rejected the death penalty in law or 
practice."

(source: International Business Times)








IRAN:

Call for ending executions in Iran



According to state-run media, tens of prisoners have been executed, in recent 
weeks in Iran. Some reports state the number of executions over 2 weeks (13 
April till 26 April), reached 115. But the real number of those executed could 
in fact be much more than this. One report says that a large number of 
prisoners have been executed secretly in the city of Arak in recent weeks.

The Iranian dictatorship surrounded by growing political, social and economic 
crises are worried about the consequences of the nuclear negotiations and have 
resorted to executions, torture and killings of the Iranian people more than 
any other time in order to create an atmosphere of fear and repression.

Many of these executions are carried under the excuse of drug crimes and other 
offenses that simply do not meet international standards for the justification 
of the death penalty. But worse still, many are punishments for things that are 
not crimes at all, but rather for political dissent. Such "crimes" are often 
identified by vague, religious-sounding charges like "enmity against God" and 
"spreading corruption on the Earth."

The regime has abused the inaction of the international community against the 
brutal and systematic violation of human rights in Iran.

The Iranian government is sending a delegation from the Majlis (parliament) to 
Brussels for some meetings in European Parliament this week on 6-7 May.

A protest letter by Iranian refugees association in Belgium sent to the MEPs 
states that: "The members of Majlis are not elected representatives of our 
people, in fact they are representatives of different factions of the clerical 
establishment. We do not have any real elections in Iran and only the 
candidates who are absolutely loyal to the "values of the Islamic Republic" are 
eligible to stand in so called elections in Iran. Thus meeting these "MPs" in 
any parliament in Europe would only provide more publicity and propaganda for 
the ruling theocracy and will be used to justify more repression inside Iran."

As we have previously said, any expansion of relationship with Iran must be 
conditioned to a clear progress in human rights. We call on the EU High 
Representative and EU member states to urge Iran to immediately end the 
executions and the gross human violations against its citizens.

Gerard Deprez MEP

Chair, Friends of a Free Iran

European Parliament, Brussels

[Friends of a Free Iran (FoFI) is an informal group in the European Parliament 
which was formed in 2003 and enjoys the active support of many MEPs from 
various political groups]

(source: NCR-Iran)



UGANDA:

Amnesty lauds Uganda for saving convicts----But a report on Death Penalty in 
Africa by Amnesty International says Uganda is among the few African countries 
which uphold death sentence but did not execute any convict last year.



As the World is still recovering from the diplomatic row triggered by the 
recent judicial executions of nine foreign convicted drug traffickers in 
Indonesia, a 2015 Amnesty International report has cited Uganda among the few 
African countries sparing convicts from the gallows.

While several countries led by Australia urged clemency for the convicts, 
Indonesia hurriedly executed the convicts by firing squad. The convicts came 
from Australia, Philippines, Indonesia and Nigeria.

But a report on Death Penalty in Africa by Amnesty International says Uganda is 
among the few African countries which uphold death sentence but did not execute 
any convict last year.

The same report named Equatorial Guinea, Egypt, Somalia and Sudan as countries 
that heavily execute convicts.

Equatorial Guinea executed 9; Egypt 15, Somalia 14 and Sudan 23, making a total 
of 61 judicial killing executed in Africa.

Amnesty indicated that the continent registered 1446 death sentences in 2014.

The report revealed that Nigeria recorded the highest number of death sentences 
standing at 659, followed by Egypt with 509 cases.

Other countries with outstanding death sentences last year were Tanzania with 
91 cases, Somalia 52+, Zambia 13, Zimbabwe 10 and Sierra Leon 3, Morocco 9, 
Sudan 14, Kenya 29, Ghana 9, Algeria 16, Mali 6 among others.

Amnesty International observed that the 1446 death sentences on the continent 
posted a 139% increase in death sentences in 2014 as compared to 2013.

But the report expressed concern about the death sentences on grounds that 
trying suspects in Africa may not match the internationally recognized 
standards.

The mass death sentences in Nigeria, Gambia and Egypt also raised eyebrows.

"Amnesty International is very concerned about the continued use of the death 
penalty in Africa; the emerging pattern of imposing mass death sentences 
against scores of people highlights the concerns," the report read.

In Egypt Amnesty 120 people were handed mass death sentences by Courts while in 
Nigeria 70 soldiers involved in the fight against the militants group, Boko 
Haram were sentenced to death by military courts for mutiny, the report read.

It's not clear why Uganda is backtracking on hanging convicts having conducted 
the last execution in 1999.

The spokesperson of Prisons department in Uganda, Frank Baine told Sunday 
Vision said: "As Prisons we are reformists who do not support death sentence."

He also noted that it is traumatising and dehumanizing to pronounce to 'fellow 
human beings'.

"Who would smile at death knocking at their door step?" Baine asked, adding 
that there are 210 inmates on death row.

He noted that before the 2005 landmark judgment in the Kigula's case, the 
number of imamates on death row was very high and that his department was 
struggling with congestion. Records show that the ruling assisted about 900 
convicts who were on death row.

The Kigula case filed in 2003 by Kigula and 16 other death row inmates against 
the Attorney General was challenging the death sentences.

In the ruling, the Constitutional Court declared the death sentences passed on 
the 17 petitioners unconstitutional.

The 2005 landmark judgment also commuted over 100 death sentences which had 
overstayed their execution to life sentences.

The judges indicated that the mandatory (automatic) nature of the imposition of 
death sentences was unconstitutional because it did not provide Court with the 
opportunity to take into account any individual mitigating circumstances that 
might make the sentence inappropriately severe.

Court advised Government give effect to the judgment of the death sentence 
within a 2-year period for all death sentences after which they should be set 
aside.

The ruling also meant that any prisoners who had been on death row for more 
than 3 years were entitled to have their sentences commuted to life 
imprisonment.

Baine said that the judgment reduced the congestion in cells as some inmates 
where either freed and others taken to other sections for minor sentences.

The appeal filed by the Attorney General against the decision of the 
Constitutional Court did not succeed as in 2009; the Supreme Court upheld the 
Constitutional Court ruling.

Why executions are delayed

Baine explained that after convicts are given death sentences, they remain with 
a window of hope to survive the gallows since they can challenge the sentences 
in the Courts of Appeal and also in the Supreme Court.

He added that on several occasions 1 of the 2 higher courts has reversed the 
judgment of the lower court and either freed convicts or reduced their 
sentences.

He also noted that the Prerogative of Mercy which the President can exercise 
makes the Prison's authority delay the executions.

"Each year we present 1500 names of convicts to the committee of the 
Prerogative of Mercy headed by the Attorney General which submits the approved 
names to the President for consideration," he said.

Baine disclosed that Brig. Ali Fadhul and Chris Rwakasisi benefited from the 
Presidential Prerogative of Mercy.

But he noted that since 2000, President Yoweri Museveni who has the mandate of 
endorsing executions has not signed anyone single document sending a convict to 
the gallows.

Death sentences in other countries

Whereas the rate of judicial executions in Africa is on the rise, Amnesty noted 
that countries in the West including America and East were ahead in executing 
convicts.

Amnesty says that majority of executions happen in a handful countries, like 
China, USA, Iran, Saudi Arabia and Yemen.

According to the report, none of the African countries were among the first 8 
countries executing convicts. Sudan and Somalia only come 9th and 10 in the 
queue.

Mukulu's experience in Luzira

When George Mukulu left Luzira Prison last year after spending 3 months on 
remand, he returned with a hot story of a prominent inmate who was herded to 
the hangman - noose like a goat.

"A few minutes after he was herded into the room, he was pronounced dead," 
Mukulu said. But he added that the man's last minutes were traumatising.

"He cried, pleaded besides soiling his pants. "But nothing could stop those who 
were herding him to the gallows from executing a mandatory duty," Mukulu said.

Mukulu added that today every inmate on capital offense who enters Luzira is 
ushered with the narrative of that man's story leaving many new comers in deep 
fear.

"Since that execution whenever there is talk of a looming execution, everyone 
in the Condemn Section develops cold feet fearing that they might be the next 
on the list," he said.

According to Amnesty International website, death sentence should be scrapped 
because it is cruel, degrading, and inhumane denying culprits a chance to 
reform.

(source: New Vision)








NIGERIA:

Govs Shouldn't Be Afraid of Signing Death Warrants - - Justice Adebajo (retd)

interview--By Bartholomew Madukwe



Justice Ebenezer Adebajo is a retired judge of the Lagos StateHigh Court. He 
spent 10 years on the bench before he bowed last year following the statutory 
mandatory retirement age of 65. In this interview he spoke on his challenging 
period on the bench, death sentence, too many lawyers in the system and why 
influential people charged with criminal offences go almost scot-free. 
Excerpts:

What have you missed about being a judge since your retirement?

Before the date of my retirement, I had wound down mentally from the work. My 
frame of mind was that the work was coming to an end. But, as of today, I do 
miss the camaraderie with my colleagues. When I joined the bench, I think 
judges in Lagos State at that time were somewhat stiff to one another. But 
along the line we started going on retreats. We were spending between a week to 
10 days out of the country, in another location, going through some legal 
matters and also having a laugh with ourselves. It has engendered a comradeship 
within the Judiciary and I think it has been good for the Judiciary. So, on 
that note I have missed my colleagues.

What was your experience like on the bench?

I was appointed as a judge in January 2004, sworn in as judge of the High Court 
of Lagos State in May 2004. I had a period of 10 years on the bench because the 
law says I must retire at 65, but much of the period that I spent on the bench 
was at the Badagry High Court. On the formation of the Badagry Division of the 
Lagos High Court, I was the first judge to sit there and I was the only judge 
in that division for 6 years.

I was involved in general civil litigations, which means I handled cases 
ranging from divorce to land matters, to obaship (mornachy) disputes, to 
monetary indebtedness to fundamental human rights and what have you. It was 
such a cocktail of work and it brought out everything that I had learnt from 
the Bar.

But for the time that I was there, which was overlong, I think I appreciated 
being in Badagry. It was a most enjoyable experience.

Why do influential people charged with criminal offences go almost scot-free?

In America, we all know what happened to a very well known sportsman, who was 
accused of having killed his wife, who had been unfaithful to him. He got some 
of the best defence lawyers around in America and he was able to go scot-free. 
So many people were dissatisfied that he got free but he got free because he 
got competent lawyers. Now, if you look at the Criminal Law practice, you will 
find that most of the top lawyers are not there.

In fact, no lawyer premises his practice on Criminal Law practice, otherwise, 
you are seen as a 'charge and bail' lawyer. So the Criminal Law practice is 
left for those who just want to make ends meet. And your big men are now able 
to pay the top lawyers top money for them to sit down and analyse their case 
and put it to the court and if they are able to put it to the court strongly 
enough and they are successful, you cannot begrudge them.

The Indonesian government recently executed 8 drug convicts, including 4 
Nigerians, what would you say about that?

I congratulate the Indonesia government, I congratulate the Indonesian 
judiciary for standing by the laws they have made. This law is made to protect 
that society and the people in Indonesia. They have a right to protect 
themselves in the manner that they deem fit. The Australia nationals are not 
obliged to go there; the ones that went there, by going, submitted themselves 
to the law of that land.

If any country should say that Nigeria should not do this or do that, it is a 
disregard for the sovereignty of the nation. I find it unfortunate that 
government, such as the Australian government, could not respect the laws and 
judicial system of a sovereign nation. If the position of a law in that country 
is that where there is criminal activity in the area of drugs, either by 
carrying drug or dealing in drugs, in whichever manner, and the law punishes it 
by conviction, by a death sentence, it is valid because it is their country and 
their right.

That is the paste at which its own custom and culture has moved, so it must be 
respected. Australia cannot act as a colonial power; stretch its hands in order 
to manipulate the judicial process in another country. The efforts of the 
western world, particularly America, to push Nigeria in accepting homosexuality 
as a way of life, was another attempt at impinging on our sovereignty. I thank 
God that both the people of Nigeria and arms of government in Nigeria rejected 
what they were doing. The judiciary has stood by its sovereignity.

Don't you think that the Nigerian government owed those Nigerians executed in 
Indonesia an obligation of protection?

These individuals were free agents and yes they (federal government) might owe 
them an obligation of protection that is if they stay within the law. But these 
people stayed out of it voluntarily; they deliberately stayed outside the law. 
What obligation does government have to do? I feel that things have gone as it 
should be in Indonesia. However, did our government say anything? They have not 
said anything; and that is how it should be.

Do you support abolition of death sentence?

I do not agree with it. While our institutions are failing, the prison as an 
institution is half-failing. When people now believe that they can get away 
easily with anything wrong that they do, what would happen? When they now say 
even that law is nothing, I will kill you and I will just get in touch with my 
uncle and I will get away with it, what would happen?

There is a general failure of the institutions and the prison system is not a 
guarantee for anything. I do not believe that we are ripe to take the death 
penalty out of our laws. The corollary to that is that we have to remind the 
state governors that they voluntarily chose to take that position, and one of 
the duties of the governor of a state is to sign death warrants for people who 
have been convicted and sentenced to be hanged.

It is failure in their duty when they neglect to sign death warrants. It is 
part and parcel of the duties of a governor and it is a frustration of the 
order of the court when the governor does not sign death warrants. In Lagos 
State, for example, I don't think any death warrant has been signed in the last 
10 to 12 years. It is a failure, it is a neglect of the lawful and valid order 
of the court when the governor fails to sign the death warrant.

They should have asked what does it involve and if you know you are going to 
have nightmares about signing death warrants, then don't go near that sit. I 
was a criminal court judge and I convicted somebody who had killed his wife and 
sentenced him to death, why couldn't they do their duty too? We are not ripe 
for death sentence to be taken off our laws.

Delayed justice has continued to be an issue, in your experience as a judge, 
how best do you think this can be addressed?

It is not for the inability of judges; it is not for lack of attention to duty 
on the part of the judges. When I came into the Law profession at the beginning 
of the 80s, in the High Court of Lagos State, Igbosere, in January they would 
start numbering from LD/1/the number of that year and by the time you reach 
December, may be you are at LD/900+/the number of that year and that means that 
in that year, there were less than 1,000 cases filed.

But now, about 1,000 cases have been filed already. So, that is the 
differential that we are talking about. It takes one quarter of the time that 
it took before for people to file that number of cases. Litigation has grown in 
a monstrous way.

There is the belief that there is a decline in the quality of the Bar; having 
spent over 20 years in practice before going to the bench, what would be your 
take on this?

Yes, there is no doubt that the quality of legal practitioners in the country 
is on the decline. There is no doubt that the Body of Benchers, which is the 
body responsible for calling lawyers to the Bar, is not doing its job. If you 
look at the Accountancy profession, they have insisted on minimizing the number 
of people coming into that profession so that they could look after the 
standard. The standard has been eroded in the legal profession.

English is the tool of the lawyer. There are so many untutored chambers. I 
don't know whether it is error or innovation, they present processes in court 
attempting to make innovations and Law is not a profession that gives room for 
innovations. It is a very staid profession and on the bench I have had to admit 
to lawyers that look, I am 'old school' and the legal profession is about being 
old school. It is a very conservative profession. But the Body of Benchers are 
the people who would see to the number of lawyers being admitted into the 
profession.

(source: The Vanguard)