[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Nov. 25



INDONESIA:

Luhut Backtracks on Death Penalty Moratorium


A senior Indonesian official reported earlier this month as saying there would 
be a moratorium on the death penalty has denied making any such statement.

Luhut Pandjaitan, the chief security minister, told reporters at the State 
Palace in Jakarta on Tuesday that he never said executions would be stopped in 
order for the government to focus on boosting the economy.

"There is no moratorium on the death penalty. The government never mentioned 
any moratorium," he said.

"I never said that. What I said was that we are still focused on handling the 
economy," he added.

Luhut was widely reported by local and international media last Thursday as 
saying that executions would be put on hold while the government concentrated 
on reviving a slowing economy.

The administration of President Joko Widodo has drawn widespread condemnation 
from the international community for reviving the death penalty that the 
previous administration of Susilo Bambang Yudhoyono had largely shelved.

Under Joko, Indonesia has this year put to death 14 people convicted of drug 
offenses, 12 of them foreign nationals, including a mentally ill Brazilian and 
2 Australians who had reformed and were providing classes and ministry for 
fellow prisoners.

****

The last surviving member of the terrorist cell responsible for the 2002 Bali 
bombings that killed 202 people has expressed regret for his actions and 
condemned the violence wrought by the Sunni militant group Islamic State.

Ali Imron, serving a life sentence for his role in the October 2002 attacks on 
nightclubs in the popular resort island, said his goal all along was for the 
establishment of a nation grounded in Islamic values, but conceded that 
achieving this through violent means was wrong.

"We still dream of establishing a country based on Islamic values, but in a 
good way. It is wrong to reach this goal through bomb attacks like we once 
did," he told reporters on Wednesday at the Jakarta Police headquarters, where 
he is currently in custody.

(source for both: Jakarta Globe)






IRAN----executions

Iran regime hangs 11 after adoption of UN resolution on rights abuses


The cycle of suppression, in particular group hangings, continues in Iran after 
the Third Committee of the United Nations General Assembly adopted of a 
resolution condemning rights violation on 19 November.

At least 11 prisoners have been executed in Iran since the resolution has been 
adopted.

On Tuesday, November 24, the Iranian regime hanged Alireza Shahi, a 25 year old 
prisoner, along with four other prisoners in Gohardasht (Rajai Shahr) Prison 
despite calls by international organizations. He had been in prison for seven 
years since age 18.

2 prisoners were executed in Tabriz central prison on November 23. Four other 
prisoners, including a female prisoner by the name of Hajar Safari, were also 
executed on November 12 in this prison.

On Saturday, November 21, regime's henchmen hanged 3 Baluchi compatriot 
prisoners in Zahedan central prison. On that day, a 25-year-old prisoner by the 
name of Mehdi Boudineh was executed in Zabol central prison.

Execution of a prisoner in Miandoab prison and a Pakistani prisoner by the name 
of Mohammad Younes Jamal-e-dini at Zahedan Central prison were carried out on 
November 18. These executions, together with the hanging of another 4 prisoners 
in Karaj Central Prison were among the other crimes perpetrated by the Iranian 
regime in the past 2 weeks.

During this interval, the transfer of group after group of prisoners on death 
row to solitary confinements continues, including in Miandoab Prison. Some of 
the prisoners have been transferred to Gohardasht solitary cells for the 2nd 
time. Taking prisoners to the gallows to watch the hanging of other prisoners 
is one of the common tortures practiced in the prisons of this antihuman 
regime.

These criminal executions, particularly a few days after the adoption of a 
resolution condemning human rights violations in Iran, bespeaks of the 
confrontation of the Iranian regime with the international community and it 
amplifies the need to refer the file of human rights violations in Iran to the 
UN Security Council. Trade with a regime that transgresses against all 
international norms and standards must be made contingent upon a cessation of 
barbaric punishments, especially the capital punishment.

(source: Secretariat of the National Council of Resistance of Iran)






UNITED ARAB EMIRATES:

December verdict for trio in Al Ain murder trial----Court to give final verdict 
in Al Ain murder case involving 3 siblings


3 siblings accused of killing Omanis in Al Ain will hear the verdict in their 
case on December 29.

The Court of Appeals had upheld the death penalty ruling for the first 
defendant, altered the verdict for the 2nd to 10 years and acquitted the 3rd.

Additionally, the court also ruled against 3 government employees, 2 Emiratis 
and a Lebanese, accused of installing cameras in a women's section of the local 
authority they work for.

The trio has been sentenced to 6 months plus suspension and deportation for the 
3rd defendant.

(source: Gulf News)






BANGLADESH:

UN wants 'moratorium' on death penalty in Bangladesh


The UN has appealed to the Bangladesh government for an 'immediate moratorium' 
on the death penalty.

The call comes immediately after the executions of war crimes convict Salauddin 
Quader Chowdhury and Ali Ahsan Mohammad Mujahid on Sunday.

"We have long warned that, given the doubts raised over the fairness of trials 
conducted before the Tribunal, the Government of Bangladesh should not 
implement death sentences," the UN Office of the High Commissioner for Human 
Rights said in a statement now available on its website.

Its spokesperson Ravina Shamdasani said in the statement they were now renewing 
the call for total abolition of the death penalty as it was an "inhumane 
practice."

She said similar concerns were expressed by UN human rights experts who, on 
several occasions, called on the government to stop the executions.

"The trials did not meet international standards of fair trial and due process 
as stipulated in the International Covenant on Civil and Political Rights, to 
which Bangladesh is a party," said the statement.

"The UN opposes the use of the death penalty in all circumstances, even for the 
most serious international crimes," it said.

Jamaat-e-Islami Secretary General Ali Ahsan Mohammad Mujahid and BNP leader 
Salauddin Quader Chowdhury were executed in the early hours of Nov 22.

Both were found guilty of supporting the Pakistan army in 1971 and for their 
role in the massacre of Hindus, freedom fighters and those who supported 
Bangladesh's independence.

Bangladesh won its independence after 9 months of a bloody war.

So far, 3 Jamaat-e-Islami leaders and a BNP leader have been hanged after they 
were found guilty by the International Crimes Tribunal for committing 'crimes 
against humanity'.

On Monday, a spokesperson for the UN Secretary General said the executions have 
attracted their attention. "I think it's clear that the Secretary General 
opposes the use of the death penalty in all circumstances and has called on 
those countries that continue to use it to at least initiate a moratorium on 
the use of the death penalty".

(source: bdnews24.com)



SINGAPORE:

Belgian accused of killing son to be remanded another week


The Belgian man accused of killing his 5-year-old son in their D'Leedon 
condominium home will be remanded for another week at the Central Police 
Division to assist in investigations.

Philippe Marcel Guy Graffart, who appeared in court looking calm and relaxed on 
Wednesday (Nov 25), is being represented by defence lawyer Ramesh Tiwary.

District Judge Eddy Tham granted the prosecution's application for Graffart to 
be taken out of remand to assist in investigations.

The 41-year-old was charged on Oct 7 with the murder of Keryan Gabriel Cedric 
Graffart. He allegedly committed the act at his 32nd-storey home at 3, Leedon 
Heights.

He was then remanded for 4 weeks at the medical centre in Changi Prison for 
psychiatric assessment.

Graffart works for the Singapore investment management arm of Nordea, a company 
that describes itself as the largest financial group in northern Europe.

General manager of Nordea Private Banking in Singapore, Mr Kim Osborg Nielsen, 
was seen in court together with 3 other company representatives.

The case will be heard in court again on Dec 2.

If convicted of murder, Graffart faces the death penalty.

(source: Straits Times)

**********

Apex court mulls over plea to quash killer's execution Photo: Reuters Apex 
court mulls over plea to quash killer's execution


The fate of convicted murderer Jabing Kho, who made an 11th-hour bid more than 
2 weeks ago to stave off execution, still hangs in the balance as a 5- judge 
Court of Appeal mulls over his lawyer's arguments to quash his death sentence.

Kho, a 31-year-old from Sarawak, was due to go to the gallows on Nov 6 for the 
brutal murder of a construction worker 7 years ago, after his appeal for 
clemency was rejected by the President last month.

Less than 24 hours before he was to be hanged, lawyer Chandra Mohan K. Nair got 
a temporary stay of execution to prepare his case.

Yesterday, Mr Mohan argued for the 5-judge court, which gave a split 3-2 
verdict in January in favour of sending Kho to the gallows, to set aside its 
own decision. He said the court should reopen its landmark decision as errors 
had been made.

In 2008, Kho bludgeoned Chinese national Cao Ruyin, 40, with a tree branch 
while robbing him. Cao died of head injuries 6 days later.

Kho was given the death penalty - then mandatory for murder - in 2010. His 
appeal failed but he was re-sentenced to life imprisonment in 2013, after the 
law was changed to allow judges to opt for a life term for murder with no 
intention to kill.

The prosecution appealed.

As Kho's case was the first of its kind to reach the apex court since the law 
was changed, it laid down the legal principle for judges to apply in deciding 
when the death penalty was warranted.

The principle - whether the actions of the offender would outrage the feelings 
of the community - was based on a local 1970s case of kidnapping for ransom.

Yesterday, Mr Mohan argued that the court had applied the wrong sentencing 
principles. He argued that every murder outraged the feelings of the community 
and the court was restricting its own discretion.

Deputy Public Prosecutor Francis Ng argued that the assertion was simply a 
disappointed litigant's attempt to convince the court to revisit a point that 
has been thoroughly considered.Mr Mohan also argued that in the re-sentencing 
stage, Kho was denied the chance to testify as to the number of blows and the 
force used when he attacked Mr Cao.

But DPP Ng said Kho had already testified during his original trial that he hit 
the victim twice and did not know the force he used.

Kho's mother and sister, who were in court, spoke to him briefly after the 
hearing. They then left with tears in their eyes and declined to be 
interviewed.

The court will give its decision at a later date. Kho's stay of execution was 
extended.

(source: asiaone.com)






MALAYSIA:

bolish mandatory death penalty: Bar associations


The Malaysian Bar, Advocates' Association of Sarawak and Sabah Law Association 
are glad that Attorney General Tan Sri Dato' Sri Mohamed Apandi will propose to 
the Cabinet that the mandatory death penalty for drug-related offences be 
abolished.

The 3 Bar associations of Malaysia also welcome Minister in the Prime 
Minister's Department Nancy Shukri's reported statement that she hopes to table 
legislative amendments next year for such abolition.

"There is great wisdom in leaving the decision on punishment for such offences 
to the discretion of the Judiciary. By abolishing the mandatory death penalty, 
the judiciary will have the discretion to sentence a convicted person to either 
death or imprisonment. However, concrete action on this issue is long overdue," 
they said in a statement.

At the recent meeting held in conjunction with the Tripartite Bar Games in 
Miri, the Malaysian Bar, Advocates' Association of Sarawak and Sabah Law 
Association resolved to jointly urge the Government to give real meaning to the 
statements it has made, on at least four other occasions over the last 5 years, 
regarding its willingness to review the mandatory death penalty.

It has been two years since the Government and the Attorney General's Chambers 
informed those present at a dialogue, with Members of Parliament on 
discretionary sentencing for capital punishment on 14 November 2013, that they 
were in the midst of such a review.

Sentencing is part of the cardinal principle of judicial independence, and 
should always be left to our Judges.

Judges use their experience in hearing cases, take into account the peculiar 
facts and circumstances of each case, and consider the case comprehensively 
before meting out punishment.

Apart from serious questions relating to the efficacy and effectiveness of 
mandatory death sentences as a means of deterrence, the resort to mandatory 
sentences is an unnecessary fetter on judicial discretion, and an unwarranted 
impediment to the administration of justice.

They said the mandatory death penalty, including for drug-related offences, has 
no place in a society that values human life, justice and mercy.

The abolition of this extreme, degrading and inhumane form of punishment is 
consonant with the belief that every individual has an inherent right to life.

This right is absolute, universal and inalienable, irrespective of any crimes 
that may have been committed.

It added, moreover, there appears to be no significant reduction in the crimes 
for which the death penalty is currently mandatory.

"The Government should, in the interest of justice, declare and implement an 
immediate official moratorium on any and all executions in such cases.

"All of these sentences should be stayed pending the results of the review.

It is unfair and unjust to carry out the death sentence when there is currently 
a possibility of reform which, if effected, should apply retrospectively."

On a related matter, the 3 also expressed concern over the case of Kho Jabing, 
a Sarawakian currently on death row in Singapore.

The Singapore courts had initially imposed the mandatory death penalty on him, 
for murder.

However, pursuant to amendments to the law in Singapore that abolished the 
mandatory death penalty for murder (with retrospective effect), he was 
resentenced by the High Court to life imprisonment and whipping (24 strokes). 
The prosecution appealed, and the Court of Appeal, by a slim 3-2 majority, 
reinstated the death penalty. Kho Jabing was scheduled to be executed on Nov 6 
after his petition to the President of Singapore for clemency failed.

However, the execution has been temporarily stayed pending the hearing on Nov 
23 of his application to review and set aside the sentence.

In the event the application fails and the death sentence on Kho Jabing is 
maintained, the Malaysian Bar, Advocates' Association of Sarawak and Sabah Law 
Association called on the Government to support any further application for 
clemency, and urge it to do its utmost to intercede with the Singaporean 
authorities to commute Kho Jabing's death sentence to one of life imprisonment.

(source: Daily Express)

*********

Appeals Court Upholds Ex-Tow Truck Driver Death Sentence In Najadi Murder Case


Tow truck driver Koong Swee Kwan's appeal against the death penalty for the 
murder of former Ambank founder Hussain Ahmad Najadi was dismissed by the Court 
of Appeal today.

Koong was also jailed 18 years for an attempt to cause the death of Najadi's 
wife, Cheong Mei Kuan, at Kuan Yin Temple in Jalan Ceylon, 2 years ago.

Datuk Wira Mohtarudin Baki, who led the panel of judges comprising Datuk Tengku 
Maimun Tuan Mat and High Court judge Kamardin Hashim, who is sitting as Appeal 
Court judge, said the decision was unanimous.

"We find no merit in the appeal. In totality of the evidence, we find the 
conviction is safe. Appeal is dismissed," said Mohtarudin.

On Sept 5, 2014, the High Court sentenced Koong, 46, to death for the murder of 
Hussain, 75.

Judge Mohd Azman Hussin also sentenced Koong to 18 years jail for attempting to 
murder Cheong at the temple between 1.30pm and 2pm on July 29, 2013. Koong 
appealed against the sentence and conviction.

Earlier, Koong's lawyer, Hisyam Abdullah @ Teh Poh Teik, submitted that Koong's 
trial was not a fair trial and asked for a court order for a re-trial.

DPP Wan Shaharuddin Wan Ladin said the judge had considered Koong's statement 
from the dock and found it to be "bare denial."

He also said there were no miscarriage of justice and asked the court to 
dismiss the appeal.

(source: Malaysian Digest)