[Deathpenalty] death penalty news----worldwide
Rick Halperin
rhalperi at smu.edu
Thu Nov 26 08:32:59 CST 2015
Nov. 26
PHILIPPINES:
'Weekly' executions under Duterte - Dino
Davao City Mayor Rodrigo Duterte will reimpose the death penalty and implement
it weekly if he is elected president, erstwhile PDP-Laban presidential bet
Martin Di???o said Wednesday.
Di???o, the current chairman of Volunteers Against Crime and Corruption, said
in case Duterte wins, the latter will reimpose the death penalty 6 months into
his presidency and have weekly executions of convicts of heinous crimes.
"Once na nanalo siya, itong death penalty ay [restored] within six months.
Kapag ito ay na-restore na, we will implement it weekly," he said.
"Gusto niya magkaroon ng atmosphere ng katahimikan."
Duterte, after months of blowing hot and cold about his presidential bid, said
over the weekend that he is finally gunning for the country's top post.
Duterte, known for his heavy handed approach on criminals, has attracted
Filipino voters clamoring for an iron-fist leadership. However, not everyone is
happy with his demeanor and spotty human rights record.
(source: ABS-CBNnews.com)
MALDIVES:
Maldives initiates final appeal in death sentence over MP's murder
Prosecutors filed for final appeal Thursday the death sentence handed to
Hussain Humam over the brutal murder of former Ungoofaru MP Dr Afrasheem Ali.
Regulations on death penalty that came into effect last year require the
prosecution to exhaust the appeal process -- the High Court and Supreme Court
-- even if the convict wishes to not file for appeal.
High Court had on September 7 upheld the death sentence handed to Humam.
The prosecutor general's (PG) office forwarded the case to the Supreme Court
Wednesday to initiate the final stage of appeal after Humam failed to appeal
the sentence against him within the appeal window.
Humam was found guilty of the MP's murder and sentenced to death in January. He
later appealed the sentence.
A 5-member High Court bench had heard the closing arguments from both the
defence and the prosecution on August 16.
The bench unanimously backed the Criminal Court's verdict Monday afternoon.
The defence during the closing argument had maintained that Humam's initial
confession had been made under duress and the retraction of his earlier
statement should have stood.
They also argued that the trial had been shrouded by doubt as the state had
failed to present an eyewitness to the actual crime.
However, the prosecution had stressed that the lower court???s ruling had not
only been based on the confession but also on the strong forensic evidence
linking Humam to the murder.
The judges had raised doubts over the defence's claims of Humam's psychological
state. The defence, however, insisted that no test had been done so far despite
several requests.
Afrasheem was found brutally stabbed to death on the stairway of his apartment
building in October 2012.
Criminal Court had acquitted Ali Shan of Hicoast in Henveyru district of
Afrasheem's murder.
Maldives has recently adopted a series of new rules and regulations and is
currently drafting a law on death penalty.
The Supreme Court issued new guidelines on Sunday allowing death sentences and
public lashing rulings issued by lower courts to be appealed automatically at
the High Court.
In a circular, the Supreme Court said if the defendant fails to appeal death
sentences and public lashing verdicts within 10 days, the court that had
initially issued the verdict should forward the relevant documents to the High
Court. The appellate court would have 7 days to notify both the defendant and
the prosecution of the appeal and during that period should take the necessary
steps to begin appeal proceedings, it added.
The new rules follow similar guidelines issued by the apex court early this
month.
The Supreme Court issued new guidelines on November 8 giving a month-long
window for the last chance to appeal death sentences and public lashings backed
by High Court.
According to the guidelines, if a defendant fails to appeal a High Court
verdict in favour of death sentences and public lashing rulings within a 30-day
period, the appeal can then only be filed at the Supreme Court by the
prosecution.
The guidelines, included in a circular signed by Chief Justice Abdulla Saeed,
did not specifically mention sentences of death and public lashing. However, it
says that High Court rulings that need to be reconfirmed by the Supreme Court
had to be appealed within 30 days, including public holidays.
Under local laws, the only sentences that need to be reconfirmed by the Supreme
Court are death sentences and public lashing verdicts.
Judicature Act earlier granted a 90-day period, excluding public holidays, to
appeal rulings by any court.
However, the Supreme Court had in January annulled that clause and issued new
guidelines under which rulings issued by lower courts had to be appealed at the
High Court within 10 days and appeal over High Court verdicts needed to be
filed at the Supreme Court within 60 days.
Meanwhile, the government has included funds in the proposed state budget for
next year to establish an execution chamber at the country's main prison to
carry out the death penalty.
The state budget for next year, which was approved by the parliament on Monday,
includes MVR4 million to build an execution chamber. However, the correctional
service was not immediately available for comment.
Maldives adopted a new regulation last year under which lethal injection would
be used to implement the death penalty.
However, over mounting pressure from human rights bodies, companies have been
refusing to supply the fatal dose to countries still carrying out capital
punishment.
Home minister Umar Naseer had earlier said the correctional service would be
ready to implement the death penalty by the time a death sentence is upheld by
the Supreme Court.
Meanwhile, the government announced on November 16 that it was in the process
of drafting legislation on implementing death penalty.
Attorney General Mohamed Anil told reporters that the bill being drafted by his
office would expand on the already existing regulations on death penalty. The
bill would include procedures on conducting murder investigations, filing
charges in such cases and conducting proceedings in murder cases, he added.
There are around 10 people on death row at present, but none of whom has
exhausted the appeal process thus far.
(source: haveeru.com)
CARIBBEAN:
EU won't punish Caribbean countries over death penalty, says official
Secretary General of the International Commission against the Death Penalty, Dr
Asunta Cavaller, has described the death penalty as "cruel, inhumane and
degrading" even as the European Union said it would not punish Caribbean
countries that refuse to abolish the death penalty.
Speaking at the Caribbean Regional Conference on the Abolition of the Death
Penalty that ended here on Tuesday, Cavaller agreed that abolishing the death
penalty does not mean those found guilty of heinous crimes will not be
punished.
"By doing this you run the risk of executing innocent people. It targets those
who are marginalised, ethnic minorities and people who don't have access to
defence lawyers or are denied a fair trial; it alienates the right to life and
human dignity," she said, adding that there was no evidence that the death
penalty resulted in fewer crimes.
"The death penalty has not proven to be a deterrent. Here in the Caribbean,
many countries that retain the death penalty are the ones with the highest
crime rates," she said.
The two-day conference was organised by the European Union, in co-operation
with the British High Commission and the International Commission against the
Death Penalty.
Minister of Governance Raphael Trotman, who addressed the opening of the
conference, acknowledged that the matter was indeed controversial, but gave no
indication that Georgetown would be supportive of abolishing the death penalty.
He said Guyana welcomed what he described as a "thought-provoking conference".
"Are we ready to take that step and do we have the political will? These are
the questions that need to be answered in the near and medium-term future,"
Trotman said, adding that while the death penalty remains law here, there is an
unspoken moratorium in effect where it was not applied in sentencing for over 2
decades.
He told the conference of the move by the Parliament several years ago to
remove the mandatory death sentence for people convicted of murder.
EU Ambassador to Guyana, Jernej Videtic, said the abolition of the death
penalty remains one of the main human rights issues for the EU, and welcomed
the decision by Suriname in this regard.
Head of the Political Division at the EU embassy in Guyana, Derek Lambe, told a
news conference that Europe would not punish any Caribbean country that fails
to abolish the death penalty.
"There is no question that the EU would carry out sanctions or halt development
aid or anything like that against any country that didn't abolish the death
penalty; we don't work that way, we work in a spirit of partnership with
countries in the Caribbean," he said.
Lord Nanit Dholakia of the UK All Parliamentary Committee on the Abolition of
the Death Penalty told the conference that there was no evidence anywhere in
the world that proved that by establishing the death sentence it has reduced
crime.
He called on civil society to press their governments to abolish such laws. He
also urged governments not to hide behind public opinion on this matter, but
lead public opinion.
(source: Jamaica Observer)
SAUDI ARABIA:
Saudi Arabia's Next Terrible Move
2 reports in local Saudi Arabian media reveal that a mass execution is planned
to take place in that nation in a few days. The prisoners are not named, but
one report states that more than 50 individuals are to be executed and that all
of them are from the eastern part of the country, and another explains that all
of the prisoners have been charged with terrorism.
Both of these statements describe Ali Mohammed al-Nimr, the young man who was
arrested when he was a teen; his uncle, Sheikh Nimr Baqir al-Nimr; and Ali Saed
Al-rebeh, Mohammed Faisal al-shyookh, Dawood al-Marhoon, Abed allahhassan
al-Zaher, Ali Mohammad al-Nimr, and Mohammad Suwaymil. Each was charged with
terrorism and they all are from the east.
Ali Adubisi, the Director of the European Saudi Organization for Human Rights
in Berlin (ESOHR) published a brief article earlier today in which he explained
his findings: "These 52 individuals are all to be executed based on
terrorism-related charges. The group comprises a mix of individuals, who will
all be executed across different regions of the kingdom in a single day. We do
not have full details of all the 52 individuals." He added that 2 of the
articles he had seen were quickly taken down, but one remains standing. (If
those who can read Arabic, here is the link: Okaz. ESOHR reports the number as
52; Reprieve, the human rights watchdog group, reports 55.
Adubisi has been in regular contact with the families of the prisoners, so he
has one other detail that outside news sources do not have: "All the activists
have recently been given an unexplained medical examination." He adds: "Medical
examinations are common in the lead up to an execution."
The Saudi Arabian government considers its Eastern region to be a hotbed of
insurgency. This stems from sectarian differences between the people who live
there and the rest of the country. Shiekh al-Nimr and the 6 underage defendants
are all from that region and are considered terrorists because they were
considered possible activists. Silencing activists is the Saudi Arabian
government's way of preventing future change.
Almost every prisoner sentenced to die in Saudi Arabia is beheaded, a method
that I have seen argued online (chillingly) as being more humane than the
American method of lethal injection (which I am also vehemently against). There
are videos online, several videos, that are purported to show a genuine
judicial beheading in Saudi Arabia. I have not seen if these have been verified
as real or if they even could be real. To me, every method of judicially
administered death is chilling. Some prisoners in Saudi Arabia are executed by
firing squad. Others are stoned. Most are beheaded. All are dispatched in
public; almost all punishments in Saudi Arabia, corporal and capital, are
delivered in public, as if they are an entertainment.
Only the nations of Saudi Arabia, Yemen, Iran, and Qatar have beheading as a
legal means of execution; Saudi Arabia is the only nation that actually employs
the method.
As Ali Adubisi reported, he does not know the stories of the other 45
individuals. He adds, "Such a mass execution is an uncommon move by the Saudi
authorities and signals a new approach to the implementation of the death
penalty." He also reports that conditions for each of the 7 prisoners has
deteriorated in the last 2 weeks: the recent torrential rains in Saudi Arabia
flooded the prisons, the condemned men's cells flooded also, but none of them
were moved to dry cells or even given towels to dry themselves.
I recently wrote about a death-row prisoner in Saudi Arabia, Hussein Abu
al-Khair. I reported last week:
Hussein Abu al-Khair was arrested in 2014 after he was pulled over by police.
They charged him with smuggling drugs across the border between Jordan and
Saudi Arabia. According to his sister, Zeinab Abdle, he was told by the police
that they were arresting him for drug smuggling even though they did not
inspect the vehicle. Why look for something you are not going to find when
officially you have found it already?
Zeinab described what followed in a letter to me: "He was detained and was
tortured for 12 days by being hung up-side down by the ankles with the help of
thick chains. He was beaten with sticks, hands and other methods. He has been
spat on, insulted and shamed through insults. His body has been hung with his
legs and hands stretched out as he was being hurt. When his body and spirit
were broken, he was forced to sign a false declaration saying that he admitted
to smuggling drugs into Saudi Arabia. From this moment on, he was thrown into
the Tabook jail awaiting his trial."
He was convicted of drug smuggling and sentenced to death.
I asked Zeinab earlier today if she or her sister have been able to speak with
Hussein Abu al-Khair in recent days. She told me that her sister has spoken
with him. It seems likely, but we do not know this definitively, that he is not
among the 52 that ESOHR reported on today. He was not charged with terrorism,
and he is not originally from the eastern portion of Saudi Arabia; he is
Jordanian.
Saudi Arabia is in a bloodthirsty moment in its history, something that usually
comes from desperation.
(source: mark Aldlrich, thegadabouttown.com)
************
Saudi Arabia To Sue Twitter User Who Called Poet's Death Sentence 'ISIS-Like'
Saudi Arabia's justice ministry plans to sue a Twitter user who compared the
death sentence handed down on Friday to a Palestinian poet to the punishments
meted out by Islamic State, a major government-aligned newspaper reported on
Wednesday.
"The justice ministry will sue the person who described ... the sentencing of a
man to death for apostasy as being `ISIS-like'," the newspaper Al-Riyadh quoted
a source in the justice ministry as saying.
The source did not identify the Twitter user or the possible penalty.
On Friday, a Saudi Arabian court sentenced Palestinian poet Ashraf Fayadh to
death for apostasy - abandoning his Muslim faith - according to trial documents
seen by Human Rights Watch.
Fayadh was detained by the country's religious police in 2013 in Abha, in
southwest Saudi Arabia, and then rearrested and tried in early 2014.
Saudi Arabia's justice system is based on Islamic Sharia law, and its judges
are clerics from the kingdom's ultra- conservative Wahhabi school of Sunni
Islam. In the Wahhabi interpretation of Sharia, religious crimes, including
blasphemy and apostasy, incur the death penalty.
In January, liberal writer Raif Badawi was flogged 50 times after he was
sentenced to 10 years in prison and 1,000 lashes for blasphemy last year,
prompting an international outcry. Badawi remains in prison, but diplomats say
he is unlikely to be flogged again.
In 2014, a Saudi court in Riyadh sentenced three lawyers to up to eight years
in jail after they criticized the justice ministry on Twitter.
The charges were dropped in early 2015 after King Salman inherited the throne
from his brother.
"Questioning the fairness of the courts is to question the justice of the
Kingdom and its judicial system based on Islamic law, which guarantees rights
and ensures human dignity", Al-Riyadh quoted the justice ministry source as
saying. The ministry would not hesitate to put on trial "any media that
slandered the religious judiciary of the Kingdom," it said.
Saudi Arabia's Justice Ministry or other officials could not immediately be
reached for comment.
(source: Reuters)
EGYPT:
Death penalty reduced to life imprisonment for Seychellois trio convicted of
drug trafficking in Egypt following 'intensive diplomatic representations'
The Seychellois trio who were facing death row in Egypt, after being found
guilty of drug trafficking, have had their sentence commuted to life
imprisonment.
According to a statement issued by State House on Wednesday evening, the
decision was taken by the Egyptian President, Abel Fattah El-Sisi, "as a result
of intensive diplomatic representations at the highest levels."
The 3 men, Ronny Norman Jean, Yvon John Vinda and Dean Dominic Loze, were
sentenced to death by execution on April 7, 2013.
This followed their arrest on April 22, 2011 by Egyptian police aboard a boat
near the Red Sea coastal town of Marsa Alam with 3 tonnes of cannabis on board.
Jean, Vinda and Loze, were together with the skipper and owner of the vessel, a
British national identified as Charles Raymond Ferndale, who was also sentenced
to death.
On October 15 last year, the Egyptian Court of Cessation rejected their appeal
and upheld the death penalty.
The Seychelles government had been engaging with the Egyptian authorities for
quite a while to find a way for the death sentence to be commuted to a less
severe punishment of life in jail.
Seychelles is a not a country that applies the death penalty and the Indian
Ocean archipelago is a strong advocate for the abolition of this practice
worldwide.
"President James Michel has, in his direct appeals to his Egyptian counterpart
on several occasions, played a strong and proactive role in ensuring the
Seychellois in Egypt are spared the death sentence," reads the State House
statement issued on Wednesday.
"From the onset of the trial President Michel had tasked the Ministry of
Foreign Affairs and Transport of the Republic of Seychelles to ensure that the
Seychellois nationals are given legal assistance to defend themselves within
the Egyptian judicial system, treated humanely and with dignity, facilitated
contact between their family members as well as dispatching diplomats to Egypt
on a regular basis to hold talks with their Egyptian counterparts and meet with
the detainees."
For the families of the 3 men since travelling to Egypt to see their loved ones
on November 4 last year, they had been awaiting the outcome of negotiations
between the governments of Egypt and Seychelles, on the fate of the 3 convicts.
Speaking to SNA, in a phone interview this morning, Nola Loze, the mother of
Dean Loze, said she was given the latest news about the convicts' situation by
President Michel himself.
"I am very happy. I was informed yesterday while I was at work... I fell to my
knees," said Loze.
The last time the lady who is from Anse Boileau, a district on the Western
Coast of the Seychelles main island of Mahe had seen his son was in November
last year.
Since that time she says that she has been receiving regular updates through a
priest who is used to visiting inmates, at the prison where the 3 Seychellois
nationals are being detained.
While the Egyptian President has allowed for the death sentences to be commuted
to life imprisonment this does not mean the 3 Seychellois will be returning to
Seychelles immediately.
According to the State House statement the island nation's ambassador
accredited to Egypt, Joseph Nourrice is in Cairo to discuss the next step with
the Egyptian authorities.
Discussions will be focussing on a possible 'prisoner exchange agreement' to
allow the 3 men to serve their life sentences in Seychelles.
It is to be noted that the Egyptian President Abdel Fattah El-Sisi issued a
decree in November last year that would allow foreign prisoners in Egypt to be
repatriated to their country of origin to serve their sentences.
(source: seychellesnewsagency.com)
PAKISTAN:
A silent church ignores a wave of executions in Pakistan----Hundreds put to
death since moratorium lifted, but church officials say little
Pakistan is close to achieving a notorious new milestone of becoming one of the
world's top executioners, with almost 300 inmates already put to death this
year and thousands more waiting.
According to figures from Pakistan's independent Human Rights Commission, 295
people have been hanged in the country - a new record - since December last
year.
Amnesty International, however, puts the toll of executed inmates at 299.
Abdul Basit, a paraplegic man who was convicted of murder, could have become
the 300th, but his Nov. 25 execution was delayed at the 11th hour after the
Pakistani president intervened.
This was the 3rd time that an execution warrant had been issued for Abdul
Basit, who was first scheduled to be hanged on July 29.
Despite being unable to stand and being reliant on a wheelchair, jail
authorities are adamant about carrying out his inhuman and unlawful hanging.
"The hanging of a wheelchair-bound prisoner simply cannot be conducted in a
humane and dignified manner as required by Pakistani and international law.
Proceeding with Abdul Basit???s execution in the circumstances will offend
against all norms of civilized justice," the rights group's chairwoman, Zohra
Yusuf, said in a statement.
The outspoken group has taken a principled approach to defending the rights of
Pakistan's death row prisoners. If only the local church would do the same.
Pakistan lifts moratorium
Pakistan's record on executions this year is all the more astounding given that
prior to December 2014, the country had not carried out any executions in 6
years.
But Islamabad lifted its moratorium on the death penalty shortly after Taliban
militants stormed a school in Peshawar, killing 150 people - including 130
schoolchildren.
The horrific attack shocked the nation and triggered countrywide protests and
demands to rein in the Taliban's campaign of terror and violence.
As media and public pressure grew, the Pakistani military and political
leadership rushed to restore capital punishment and announced the establishment
of controversial military courts to fast-track the trials of terror suspects.
Initially, the government of Prime Minister Nawaz Sharif opted to execute only
terror convicts, but pressure from Islamist parties and clergy convinced
authorities to order executions for all kinds of death row convicts - a move
that drew condemnation from the United Nations, the European Union, Amnesty
International and other groups.
Rights watchdogs say the government is ignoring its responsibilities to reform
the legal system. They say that the circumstances that prompted the suspension
of capital punishment in the first place have not changed after 6 years, and
that the deeply flawed criminal justice system continues to pose the threat of
wrongful convictions.
Rights groups also argue that there is no evidence to suggest any correlation
between the death penalty and reducing crime rates.
When compared to 2014 statistics, Pakistan???s nearly 300 executions this year
would put it near the top of an unfortunate list. This year, Saudi Arabia has
executed at least 151 people, while Iran has put to death almost 700, according
to Amnesty.
Death row
According to the Justice Project Pakistan, a Lahore-based nonprofit law firm
that helps marginalized people in the legal system, more than 8,000 people are
currently on death row. Pakistan???s government, on the other hand, says there
are 6,000.
Asia Bibi, a Catholic mother of four, is among those who have been handed the
death sentence after her disputed conviction for blasphemy. Bibi's final appeal
is pending before the Supreme Court of Pakistan.
Among those who have already been executed are Aftab Bahadur Masih, a Christian
man who was arrested in 1992 in a case involving the murder of a woman and her
2 sons.
According to the Justice Project Pakistan, Bahadur was only 15 years old at the
time of his arrest - too young to face the death penalty. The Catholic Church
in Pakistan had made an unsuccessful appeal for clemency to Pakistani President
Mamnoon Hussain.
In August, Pakistan executed Shafqat Hussain, convicted of killing a child in
2004. His lawyers claimed he was 14 when found guilty and his confession was
extracted by torture, but officials say there is no proof he was a minor when
convicted.
Church response disappointing
In September this year, Pope Francis called for the global abolition of the
death penalty in his address to a joint meeting of the U.S. Congress.
"The golden rule also reminds us of our responsibility to protect and defend
human life at every stage of its development," Francis said in his speech to
Congress.
"This conviction has led me, from the beginning of my ministry, to advocate at
different levels for the global abolition of the death penalty. I am convinced
that this way is the best, since every life is sacred."
Despite Pope Francis' clear and unambiguous stance on capital punishment, the
Catholic Church in Pakistan has failed to take a stand against the record
numbers of executions in the country this year.
Apart from an appeal for clemency for Bahadur, neither the church nor the human
rights arm of its bishops??? conference, the National Commission for Justice
and Peace, has issued even a single statement on the death penalty.
In fact, 2 senior officials from the commission told ucanews.com that they
personally supported the government's move to resume capital punishment,
reasoning it would help solve the country's long-standing terrorism woes. The 2
officials, however, asked not to be named.
Although some clergymen individually opposed the executions in media
interviews, there has been a muted and disappointing official response from the
church, to say the least.
It is high time that the Catholic Church in Pakistan took a principled stance
against capital punishment. It would be in line with international laws, and
indeed in line with the views of Pope Francis himself.
(source: Zahid Hussain is a Pakistani journalist covering human rights and
issues affecting minorities----ucanews.com)
****************
Execution spree
Due to a timely intervention by President Mamnoon Hussain, a disabled murder
convict was given a fourth stay of execution for 2 months just hours before he
was due to be hanged. Abdul Basit, 43, a convict paralysed from the waist down,
was scheduled to be hanged on Wednesday morning, November 25 when a
presidential decree halted the execution. He was convicted of murder in 2009
and contracted tubercular meningitis in prison in 2010. Earlier, his execution
was harrowingly postponed thrice on medical grounds and concerns about how a
wheelchair-bound man would mount the scaffold. Authorities acknowledge that as
Abdul Basit was unable to stand on the gallows, it was impossible to carry out
the execution according to prison rules. This particular case brings to the
forefront a sorry state of affairs of the justice system in Pakistan where even
the disabled cannot escape the merciless procedure of hanging after conviction.
Although the execution has been stayed again, what about the agony he and his
family have been passing through? This is an additional punishment for a
disabled convict who has become a victim of the faulty justice system in the
country. It has also raised questions about the standard of human rights and
the concerned authorities??? ability to fulfil moral obligations. In fact, a
flawed justice system, unfair trials and notoriety of the police for
fabricating cases through torture have made the whole judicial procedure a
murky phenomenon. It is a result of this failed system that cruel and unusual
punishment is being meted out to a convict irrespective of his physical
disability.
Another terrible aspect is that the government has virtually been on an
execution spree since the lifting of a moratorium on the death penalty.
Convicts are being executed on an almost daily basis. According to Amnesty
International, Pakistan has executed 299 people since the death penalty was
controversially reinstated following a Taliban mass killing at a school in
Peshawar last December. The Amnesty figures suggest Pakistan is on track to
become one of the world???s top executioners in 2015. Hangings were initially
reinstated only for those convicted of terrorism, but in March 2015, they were
extended to all capital offences. At a time when the death penalty is being
abolished in most countries, Pakistan is using this centuries old punishment as
deterrence against crimes. In reality, the death penalty has failed to prove a
deterrent against crime and terrorism. The time has come for the government to
reform the judicial system. Instead of relying on cruel punishment, there is a
need to introduce a reform culture in society where criminals could be treated
as human beings. Remember, no society can succeed without equity, justice and
fair play.
(source: Editorial, Daily Times)
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