[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Sept. 15



BANGLADESH:

2 men get death penalty for murdering woman and her child at Narayanganj


A court has awarded death penalty to 2 men for murdering a woman and her child 
in Narayanganj 4 years ago.

They had raped the woman and then killed her to cover it up.

Narayanganj's additional district and sessions judge Miaji Shahidul Islam 
Choudhury handed down the death sentence to Dulal Hossain and Abul Hossain 
alias Kashem on Tuesday.

Both were present in court at that time.

Another accused, Babul Hossain, was given 7 years in prison, said additional 
public prosecutor Abdur Rahim.

He said all the 3 convicts were fined TK 50000 each, failing to pay which would 
mean an additional 6 months in prison for them.

Case details indicate that 3 convicts enticed a 25-year old woman who had come 
to Darigaon in Araihazar Upazilla of Narayanganj seeking help on Mar 5, 2011.

The woman, who had a 6-year-old son, was paid Tk 90 and taken to a graveyard, 
where she was raped.

Dulal Hossain raised an alarm that the woman might inform others in the 
locality about the rape.

At that point, Kashem strangulated her with a piece of cloth.

When her son started crying, Dulal Hossain smashed his head with a digger.

The murderers dumped the dead bodies in the graveyard and covered them up with 
some soil.

But locals discovered them and brought in the police.

A case was filed in Araihazar police station after the bodies were found.

Babul Hossain confessed in court about the rape and murder after his arrest.

Later, police filed a charge sheet against the 3 accused.

But the woman and her child could not yet be identified.

(source: benews24.com)






KUWAIT:

Death sentence for 7 Shiite mosque bombers


7 defendants were sentenced to death on Tuesday for the Islamist militant 
suicide bombing of a mosque in June in Kuwait that killed 27 people, the 
Kuwaiti news agency KUNA reported.

8 other suspects were given prison sentences ranging from 2 to 15 years by a 
Kuwaiti criminal court, KUNA reported. 14 other defendants were acquitted.

Islamic State claimed responsibility for the June 26 bombing, when a Saudi 
suicide bomber blew himself inside the Imam al-Sadeq mosque in Kuwait City. 
Hundreds of Shi'ite Muslims were performing Friday noon prayers when the bomb 
went off.

Kuwait cracked down on Islamist militants after the bombing, the country's 
worst militant attack. Officials say the bombing was aimed at stoking strife 
between Sunnis and Shi'ites in the majority Sunni state, where the 2 sects have 
usually coexisted in peace. [IDn:L5N0ZV35D]

The 29 people indicted on terrorism charges in relation to the attack included 
Kuwaitis, Saudis, Pakistanis and stateless residents. The charges ranged from 
premeditated murder to possession of explosives.

Death sentences are subject to appeal in Kuwait.

The Arabic daily al-Qabas said in July that the state prosecutor was seeking 
the death penalty for 11 of the defendants.

(source: ghanaweb.com)

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

Overturn death sentences in mosque bombing case


7 death sentences handed down by a Kuwait City court today are a misguided 
response to the bombing of Imam Sadiq Mosque in June this year and must be 
overturned, Amnesty International said.

The armed group calling itself the Islamic State claimed responsibility for the 
bombing of the Shi'a mosque, in which a Saudi Arabian man blew himself up 
during Friday prayers, killing 26 others and wounding 227. It was the worst act 
of violence in Kuwait since the 1991 Iraqi invasion.

The Kuwaiti authorities announced that they arrested 29 people in early August 
in connection with the bombing.

"These death sentences are a misguided response to what was an utterly heinous 
and callous criminal act," said James Lynch, Acting Middle East and North 
Africa Deputy Director at Amnesty International.

"The death penalty is not the way to tackle terror, and these sentences do 
nothing to build a culture of rule of law and tolerance which Kuwait needs now 
more than ever. They must be overturned."

Death sentences are subject to appeal in Kuwait.

5 of the 7 defendants sentenced to the death were convicted in absentia. 
According to the Kuwaiti state news agency, 8 other defendants were given 
prison sentences ranging from 2 to 15 years and 14 others were acquitted.

Background

In the wake of the mosque bombing on 26 June, Amnesty International urged 
Kuwait to respond to the atrocity within the law and in compliance with its 
international human rights obligations. The organization called for thorough, 
effective and transparent investigations in line with international standards, 
leading to fair trials without recourse to the death penalty.

Amnesty International opposes the death penalty in all cases without exception, 
regardless of the nature or circumstances of the crime, the guilt, innocence or 
other characteristics of the offender or the method used by the state to carry 
out the execution.

(source: Amnesty International)


VIETNAM:

NA's Standing Committee convenes 41st session----The 41st session of the 13th 
National Assembly (NA) Standing Committee opened in Hanoi on September 14, 
during which legislators are scheduled to debate several bills and laws.


During the morning session of the 1st working day, legislators looked into the 
draft revised Penal Code - a leading draft law to be presented to the next 
meeting of the legislature, focusing on the supplementation of new charges and 
the removal of the death penalty in some cases.

In this regard, NA Chairman Nguyen Sinh Hung approved the abolishment of the 
death penalty on criminals aged 75 and above due to humanitarian and 
international integration reasons, noting serious criminals will still have to 
face life imprisonment.

NA Vice Chairman Uong Chu Luu said most opinions agreed to remove the penalty 
for women who are nursing under-36-month-old children, lengthen other sentences 
as opposed to the death penalty and reduce punishments on some crimes.

However, they stressed the need to carefully consider removing the death 
penalty on war crimes such as genocide.

Later on the same day, the committee heard a report on the outcomes of 
Vietnam's economic integration since joining the World Trade Organisation.

Other draft documents to be debated at the session include the amended Law on 
Pharmacy, Law on Planning, Law on Press (revised), Law on Association, Law on 
Administrative Decisions, Law on Export and Import Duties (amended) and Law on 
Professional Soldiers and National Defence Workers.

Legislators will also discuss the draft ordinance on training a number of 
judicial positions and the issuance of a decree on medical equipment 
management.

(source: Vietnam News Agency)






NIGERIA:

Lawyers reject death penalty for looters


Labour is pushing for death penalty for treasury looters. But lawyers think 
otherwise. To them, there are better ways the Buhari administration can fight 
corruption other than capital punishment. ROBERT EGBE writes.

The hangman's noose? A firing squad? Stoning? Have your pick. You steal public 
funds, you die. This is the penalty the Nigeria Labour Congress (NLC) and the 
Trade Union Congress (TUC) want for looters.

Their demand, made last Thursday at a joint press conference in Abuja by NLC 
President Ayuba Wabba and TUC President Bobboi Kaigama - as radical as it seems 
- was not arrived at lightly.

Only 39 of the world's 175 countries were more corrupt than Nigeria last year, 
according to the Transparency International global corruption index.

In a paper titled: "Corruption, national development, the Bar and The 
Judiciary" presented at the Annual General Meeting (AGM) of the Nigerian Bar 
Association (NBA) in 2012, former Vice President of the World Bank for Africa 
and former Minister of Education Dr. Oby Ezekwesili said $400 billion of 
Nigeria's oil revenue has been stolen or misused since independence in 1960.

The severity of the problem was acknowledged by President Muhammadu Buhari 
during his trip to the United States, when he declared: "If we don't kill 
corruption, corruption will kill Nigeria."

The president has since set up a seven-man Presidential Advisory Committee on 
Corruption headed by eminent lawyer Prof Itse Sagay (SAN). The committee will 
advise the government on the prosecution of the war against corruption and the 
implementation of the required reforms in the criminal justice system.

All Ministries, Departments and Agencies are to maintain a Treasury Single 
Account (TSA); the Economic and Financial Crimes Commission (EFFC) and the 
Independent Corrupt Practices and Other Related Offences Commission (ICPC) have 
stepped up their investigation of corruption cases.

But, labour is not satisfied. It feels that a harsher penalty is needed to 
combat what it sees as problems of weak laws, especially the granting of 
perpetual injunctions stopping corruption cases. To labour, the way out is to 
make corruption a capital crime.

Crimes, such as armed robbery, murder, treason, conspiracy to treason or 
instigating invasion of Nigeria, are already subject to the death penalty. But 
the use of death penalty usually generates mixed opinions and for 7 years 
between 2006 and 2013, there were no executions in Nigeria. Things changed in 
2013 when 4 condemned robbers were executed.

Lawyers disagree with labour

Lawyers do not seem to share labour's enthusiasm for capital punishment.

Nigerian Bar Association (NBA) President Augustine Alegeh (SAN) said death 
penalty is against global trends and won't help efforts to recover stolen 
funds.

He suggests the encouragement of proactive steps that will prevent looting or 
make it difficult, if not impossible.

Alegeh said: "With respect to labour???s views, what we think we need to put in 
place are more measures that will ensure that stealing is made impossible or 
very difficult for people to pillage treasuries; that way, we secure ourselves 
so that money is not taken away.

"Current efforts by this government are in line with modern practices. If we 
kill them and we don't get the money, what have we gained as a country?

"Even in capital offences, there is an increasing trend against the death 
penalty, so, I don't think we should be in the opposite direction at this time 
of our national history.???"

He added that NBA encourages the strengthening of institutions and systems in 
the fight against corruption.

"Our position at NBA is that there should be more measures to strengthen the 
system, and ensure that pillaging of the system is reduced to the barest 
minimum, and we see that the steps the government is taking are along the same 
lines; single treasury, single account, etc.

"These measures will significantly take care of the loopholes through which 
looting could occur. These are proactive measures that saves the country from 
the cost of litigation, cost of prosecution, loss of revenue, the time lapse 
between when the money gets into the wrong account and when it is recovered."

According to a former chairman, NBA, Ikeja Branch, Onyekachi Ubani, death 
penalty by itself is not the solution to the problem of corruption.

He said though capital punishment for looters appears to be having the desired 
effect in China, Nigeria's problem is not the absence of penalties for 
offenders.

"If you take into cognisance what corruption has done to the nation's growth, 
you'll tend to agree with anyone that is calling for the death penalty for 
offenders," Ubani said, adding: "but I tell you that the death penalty alone 
cannot deter corruption in Nigeria.

"Our problem is actually the willpower to implement the laws even as enacted. 
Enforcement is difficult and as long as we don't enforce our laws, even if we 
make death the penalty for corruption, you'll find out that the institutions 
will not even apply it."

For Adetokunbo Mumuni, director of Socio-Economic Rights and Accountability 
Project (SERAP), death penalty is a complete no-go area. Mumuni is an advocate 
for the cancellation of the death penalty for all capital offences, let alone 
corruption. He also feels killing people for stealing public funds would be 
tantamount to allowing them to escape.

He said: "Once someone is killed for looting, you have more or less allowed him 
to go without experiencing the shame that is associated with what he has done. 
I would prefer that the person be given life imprisonment.

"What he has made from the corrupt practices should be recovered, including 
even what he has legitimately acquired. That will ensure absolute deterrent and 
that person will now live a life of penury. Unlike when you kill the person and 
the family will begin to benefit from his loot."

Although NBA Ikorodu Branch Chairman, Adedotun Adetunji, feels labour's call 
for death penalty is in order, he believes the National Assembly would be 
reluctant to pass such a law.

"This country is so complex that I don't see the legislature agreeing to enact 
such law," he said. "I think such law would actually be the best, because it 
would serve as a serious deterrent.

"When 1 or 2 people are caught and executed for corruption, all of these 
incidents of people storing huge amounts of stolen dollars in rooms and the 
craze for illegally amassing wealth will stop."

Activist-lawyer Ebun Olu Adegboruwa also feels that resorting to death penalty 
is retrogression.

"I think it will be retrogressive for us as a nation, because of the 
frustration of corruption, to be moving backwards, to be activating what others 
are doing away with," he said.

Adegboruwa also says some members of the unions are guiltier of the corruption 
they accuse politicians of. He suggests that the cleansing must start from 
within labour itself, especially its civil service arm, otherwise labour would 
have no moral grounds to condemn anyone.

He said: "Globally, the death penalty is becoming an anathema, whether it's for 
corruption, drug trafficking, murder, or any other offence. The United Nations 
is making a campaign to abolish the death penalty.

"Secondly, I do not think that labour leaders, civil servants are in a good 
position to advocate for any penalty for corruption.

"Those who carry files, directors, permanent secretaries, they are the problems 
of this nation, beyond politicians who are just figures, who are expected today 
and leave office tomorrow.

"So, they don't have the locus, it amounts to sheer hypocrisy; the unions have 
to clear the whole house first. To be pointing fingers at people for corruption 
is to be pointing it at themselves. Until that lesson is done, I think the 
blame in this game should go back to the civil servants.

He gave what happened with former Minister of Health, Mrs Alonge Gray, as an 
example.

"No politician can embezzle money without the connivance of civil servants. You 
remember the experience of Mrs. Gray Longe, the former Minister of Health that 
former President Olusegun Obasanjo disgraced?

"It was civil servants that told her 'Mama, there is excess money, don't return 
the money.' And they were the ones that shared it; they gave her a formula for 
sharing.

"So, civil servants are the ones who put politicians' hands in corruption. The 
war against corruption should start with the civil servants, when they're 
making this clamour, they're making it against themselves."

Perpetual injunctions

The unions also kicked against the grant of perpetual injunctions in 
unjustifiable situations. On this issue, they find common ground with lawyers.

"It's quite a challenge for us as lawyers," said Adegboruwa, "we cannot out of 
blind patriotism cover up the rot in the judiciary, whether at the Bar or 
Bench.

"It is still painful to me today that the court gave a perpetual injunction in 
favour of the former governor of Rivers State, Peter Odilli, to the extent that 
up till today no one can take anything done by that administration. It's 
painful for us at the judiciary.

"The EFCC refused to appeal against that, for whatever reason. If at all there 
should be such an order, it should be a temporary thing, when their positions 
are laid bare, and there is no persecution, no witch-hunting, the person should 
go and clear himself in the court.

"By giving such an injunction, the court is indirectly working against itself. 
I think the NBA will have a lot to do in this regard, in terms of the attempts 
to restrain courts and the police from investigating people."

Mumuni agrees. He feels such injunctions ought to be challenged.

"You can't give an injunction against somebody who has a legal duty to carry 
out," he said. "So those kinds of orders are manufactured in mischief, 
conceived in mischief and delivered in mischief.

"What the EFCC would have done would be to challenge that type of terrible 
order before a higher court, and I believe that the higher court would not have 
agreed with that particular judge.

Declaration of assets

Labour's call for office holders to declare their assets thrice; before 
swearing-in, while in office, and upon leaving office is already covered in a 
similar constitutional provision.

Section 11 (1) of the 5th schedule of the 1999 Constitution mandates public 
officials to declare their assets to the Code of Conduct Bureau at least twice; 
before and immediately after leaving office.

The declaration, which must be in writing, shall include all of the office 
holder's properties, assets, and liabilities and those of his/her unmarried 
children who are under 18.

(source: The Nation Nigeria)