[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Sept. 24



BARBADOS:

Death penalty and the law


Laws are prescribed as remedies for mischief. The remedies include punishment 
and penalty. The punishment for some mischief is loss of liberty by 
incarceration. The penalty in some cases is a fine. The penalty for murder on 
conviction is death.

As a penalty, it is an effective deterrent for the offender who will never 
commit murder again. That satisfies the law essentially as a remedy.

The judicial execution of the death penalty is not an unlawful killing and 
cannot be equated with murder in any form of reasonable definition. To say that 
a Privy Council's or any other final court of appeal's interpretation of 
pleadings before it prevents the execution of convicted murderers in Barbados 
is to place the judiciary at any level, above the legislature by which it was 
created.

None of the constitutional guarantees of fundamental freedom or international 
conventions are enforceable except as specific corresponding statute enacted by 
the legislature representative of a purported democracy of Barbados in the 
exercise of its powers of sovereignty.

Contrary to some opinions expressed, all that is necessary to resume execution 
as a penalty for murder in the jurisdiction of Barbados as a sovereign state, 
is for the legislature to prescribe unequivocally according to the will of a 
majority of the people, that the execution of the sentence of death for the 
crime of murder shall be carried out in the manner prescribed for the humane 
termination of the convict's life. If hanging is deemed to be inhumane, then 
alternatives should be prescribed to effect the execution.

To quibble about the Privy Council's interpretation of the clear intent of 
statute law is a form of sophistry that morality cannot condone. The 
interpretation by the judiciary at its highest level does not exceed the powers 
of the legislature to make laws for the remedy of mischief in the exercise of 
its powers to provide for the peace, order and good government of a sovereign 
Barbados.

The laws of Barbados should be "agreeable to the people of Barbados (living 
here) first".

Leonard St Hill

(source: Letter to the Editor, Nation News)






CHINA:

Panda killers in China may face death penalty for selling endangered animal 
meat


A Yunnan court in south-western China has ordered 3 of its citizens to be 
prosecuted for killing a female giant Panda in the wild and selling its meat in 
December 2014. Under Chinese law, killing protected animals such as pandas can 
result in a jail sentence of up to 10 years, and can even attract the death 
penalty.

The perpetrators have been identified as brothers Wang Wenlin and Wang Wencai 
who shot the animal in a forest near Zhaotong in Yunnan province. Later they 
confessed to the police that they had mistaken the adult female panda for a 
more common species of bear. The brothers then proceeded to eat some of the 
animal's meat and sold the remaining, including its paws, to a 3rd man 
identified as Li Kequan for about $750.

Wan Wei, deputy director of the investigation department of the Yunnan 
prosecuting office said, "The Wang brothers have confessed to killing the 
animal on 4 December in the hills outside their village." The court said the 
investigation into the killing of the panda has concluded and the 3 accused 
have been remanded for prosecution.

Last December, police received a tip-off regarding the illegal sale of bear 
meat. When the house of the Wang brothers was raided, a bear-like skin, skull 
and liver were discovered along with 10kg of meat, China's state run news 
agency Xinhua reported. But further investigation and DNA tests proved the 
carcass was of a female panda.

Although there is a thriving black market for exotic animal parts in China, 
panda meat being sold in a country, where the animal is considered a national 
treasure is unusual, experts believe.

The International Union for the Conservation of Nature lists giant pandas as 
endangered and are only confined to south-central China. The latest census by 
the World Wildlife Federation (WWF) in 2014 found that there were only 1,864 
giant pandas alive in the wild.

(source: Yahoo News)






INDIA:

Law panel's 'Death Penalty' report sent to Home Ministry, govt unlikely to 
support it


The Law Commission's report supporting abolition of death penalty except in 
terror-related cases has been forwarded to the Home Ministry for a final 
decision, amid indications that government may not be inclined to support it.

The report 'Death Penalty' was submitted to the Law Ministry by the Law 
Commission on August 31.

"Recently, we have forwarded it to the Home Ministry as changes in the Indian 
Penal Code is its domain," a senior Law Ministry functionary said here.

He said while a final call on the subject will be taken by the Home Ministry, 
it can refer the report back to the Law Ministry for any clarifications it may 
require.

2 government appointees in the law panel -- ex-officio members P K Malhotra 
(Law Secretary) and Sanjay Singh (Legislative Secretary) had given their 
dissent on the report.

Besides them, Justice (retd) Usha Mehra, a permanent member of the panel too 
had opposed the report.

Sources in the government said the Centre is unlikely to support abolition of 
death penalty as there is a feeling that time is not ripe to do away with 
capital punishment.

A copy of the report was also submitted to the Supreme Court by the Commission 
as the apex court had asked the panel to examine the issue.

In 1967, the Commission in its 35th report had supported continuation of death 
penalty.

Registering his dissent, Law Secretary Malhotra had said Parliament in its 
wisdom has prescribed death penalty only in heinous crimes. "The need of the 
hour is to retain it...We have a vibrant judiciary which is respected 
world-over. We should have faith in the wisdom of our judges that they will 
exercise this power only in deserving cases for which the law is well laid down 
in various judgments..."

Legislative Secretary Singh had maintained the panel should not recommend 
something which has the effect of preventing the state from making any law in 
the interest of the sovereignty and integrity of the country.

The Commission had said there is a need to debate as to how to bring about the 
"abolition of death penalty in all respects in the very near future, soonest."

(source: Zee News)

***********

Death Penalty for Food Adulteration?


The state government has decided to bring amendments to the Prevention of Food 
Adulteration Act, 1954, adding more teeth to the penal sections of the 
legislation, Law and Parliamentary Affairs Minister T B Jayachandra said here 
on Wednesday.

Speaking to reporters, he said, "The Centre had proposed to bring changes to 
the existing Act and had sent a draft note to all the state governments on the 
issue." "A serious thought is being given to award capital punishment to those 
guilty of the offence," he said

Stating that legal experts are studying the draft note sent by the Centre on 
the proposed amendments, he said, "We also have plans to enact our own law 
based on the Central Act."

Jayachandra further said that his department is awaiting a report from the 
Water Resources Department on a proposal to bring a legislation to check 
encroachment of river banks and beds across the state.

Jayachandra, who also holds the Animal Husbandry portfolio, said that the state 
government has dropped the proposal to launch 'Dhanvanthari', a free ambulance 
service to transport ailing animals to polyclinics for treatments. "The idea 
was dropped as no agency came forward to provide the service."

The minister, however said that the GVK group, which operates the 108 free 
ambulance service, has shown inclination to provide the veterinary ambulance 
service.

Referring to the Yettinahole project, he said, "The government is committed to 
going ahead with the project and commissioning it without any delay."

(source: The New Indian Express)



SAUDI ARABIA:

Looming crucifixion sparks global calls to spare life of young Saudi Ali 
Mohammed al-Nimr


An international campaign calling on Saudi Arabia to halt the beheading and 
"crucifixion" of a young man arrested when he was still at high school is 
growing, but there are fears he could be killed at any time.

Ali Mohammed al-Nimr was 17 when he was arrested after attending a protest in 
the midst of the pro-democracy Arab Spring unrest of 2012.

Mr al-Nimr, now 21, the nephew of a high-profile Shiite cleric, was reportedly 
tortured, denied access to a lawyer before his trial and coerced into 
confessing to a range of charges, including joining a criminal group, carrying 
weapons and attacking police forces, according to human rights experts at the 
United Nations. He has denied those charges.

His punishment is a brutal one, even by Saudi Arabia's standards. Not only was 
Mr al-Nimr handed a death sentence, but the method of punishment was determined 
to be crucifixion, which human rights groups say means he will be beheaded and 
then have his mutilated body displayed publicly.

The death sentence was handed down on May 27 this year, and upheld this month, 
meaning he may be executed at any time.

Saudi Arabia has one of the highest execution rates in the world, with up to 
134 executions - many by public beheading - already this year.

The UN was itself criticised this week for a decision to appoint a Saudi 
Arabian government representative, Faisal Trad, as the chairman of a new human 
rights panel. The panel will be responsible for choosing experts to report on 
human rights violations across the world. Amnesty International likened the 
appointment to "making a pyromaniac the town fire chief".

Mr al-Nimr's case has attracted more attention than most internationally, both 
in the mainstream media and among users on social media. The French government, 
human rights experts and celebrities such as US talk show host Bill Maher have 
called for the punishment not to go ahead.

Thousands have Tweeted in support, using the hashtags #AliMohammedalNimr and 
#freeNimr.

Kate Higham, a caseworker with the British-based group Reprieve, which is 
campaigning for Mr al-Nimr, said his case was gaining prominence both because 
of his youth and the nature of his punishment.

"There's a really clear point of international law that's being violated," Ms 
Higham told Fairfax Media, referring to the UN Convention on the Rights of the 
Child, which prohibits states from handing down the death penalty for offences 
committed by children.

"I think people are also shocked by the incredibly gruesome nature of the 
execution."

The fact that he was just a schoolboy when he was arrested at the protests, and 
reportedly tortured into confessing his crimes, added to the public outcry over 
his case, she said.

She said she had been heartened by the growing calls to halt the execution and 
said the international pressure should continue.

"The king and the government do absolutely have the power to pardon Ali, and I 
think if they did so it would show that Saudi Arabia is serious about the 
commitments it's made under the Convention of the Rights of the Child, the 
Convention against Torture ... and not leave this family bereft of their son, 
their young son.

"How awful to find yourself in the position where your child is being 
threatened with this absolutely horrible punishment, and you don't even know 
when it's going to happen."

Some groups and commentators have argued Mr al-Nimr's arrest and sentence are 
politically motivated and linked to his family. His uncle is prominent Shiite 
cleric, Sheikh Nimr Baqir al-Nimr, who had spoken out about greater rights for 
Shiites - a minority in Saudi Arabia - and who was also sentenced to death in 
2014, accused of inciting the overthrow of the state leaders.

A group of human rights experts from the United Nations on Tuesday condemned Mr 
al-Nimr's unfair trial, torture and planned execution, and the French 
government on Wednesday called for the killing to be stopped.

The campaign had been given a boost on Saturday by Maher, who criticised the 
media furore around a Muslim schoolboy arrested after bringing a homemade clock 
to school, suggesting social media users focus on Mr al-Nimr's case instead.

(source: Sydney Morning Herald)

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

France urges Saudi Arabia to cancel death penalty for young Shi'ite


France called on Saudi Arabia on Wednesday not to execute a Shi'ite Muslim 
sentenced to death over his role in anti-government protests, saying he was a 
minor when he was arrested.

Ali al-Nimr was given the death penalty in May after taking part in 
demonstrations three years ago for democracy and equal rights in Saudi Arabia's 
oil-producing Eastern Province.

"France is concerned about the situation of Ali Mohammed al-Nimr, who was 
sentenced to death even though he was a minor at the time of the events," 
Foreign ministry spokesman Romain Nadal said. "Opposed to the death penalty in 
all cases and circumstances, we call for the execution to be called off."

France does not usually comment on death penalty cases in Saudi Arabia due to 
their frequency. It has nurtured strong relations with Riyadh due to its tough 
stance on their Shi'ite rival Iran and shared positions on Middle East 
conflicts.

The French statement came a day after United Nations rights experts called on 
Riyadh to halt Nimr's "imminent execution"

Nimr was convicted of sedition, rioting, protesting and robbery in the Eastern 
Province district of Qatif, home to many of the Sunni Muslim-ruled kingdom's 
minority Shi'ites, who say they face entrenched discrimination.

Nimr, who activists said was 17 at the time of his arrest in 2012, was also 
convicted of chanting anti-state slogans in illegal protests and inciting 
others to demonstrate, according to state media.

"Saudi Arabia's plans to behead and crucify someone arrested as a child are 
indefensible," said Donald Campbell, spokesman for international human rights 
charity Reprieve.

"The international community - particularly Saudi Arabia's close allies, the UK 
and the U.S. - must stand with the French government and U.N. experts against 
this outrage, and call on the Saudi authorities to put a halt to this 
unjustified killing."

The conviction of Nimr, a nephew of Sheikh Nimr al-Nimr, a prominent Shi'ite 
cleric who is also on trial, followed that of Rida al-Rubh, 26, the son of 
another cleric who has been critical of the authorities.

The clerics are part of a group of around a dozen defendants on trial for their 
part in protests and violent unrest in Qatif, particularly in the village of 
Awamiya, where police officers and facilities have been attacked.

(source: Reuters)

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

Human rights groups ask for stay of execution of Ali Al-Nimr


Ali Mohammed Baqir al-Nimr was sentenced to death on 27 May 2014. He 
"confessed" to offenses that had taken place when he was 17 years old. The 
sentence has now been upheld by appeal judges at the Specialized Criminal Court 
(SCC) and by the Supreme Court, according to his family, who have only just 
learned of the courts' decisions. The case was sent to the Ministry of Interior 
in August 2015 for the sentence to be implemented. He is liable to be executed 
as soon as the King has ratified the sentence.

Ali al-Nimr was sentenced to death on 27 May 2014 by the SCC in Jeddah, for 
offenses that included taking part in demonstrations against the government, 
attacking the security forces, possessing a machine-gun and armed robbery. The 
court seems to have based its decision on "confessions" which Ali al-Nimr has 
said were extracted under torture and other ill-treatment and has refused to 
look into this allegation.

Ali al-Nimr had been arrested on 14 February 2012, when he was 17 years old, 
and taken to the General Directorate of Investigations (GDI) prison in Dammam, 
in the Eastern Province. He was not allowed to see his lawyer and has said that 
GDI officers tortured him to make him sign a "confession". He was then taken to 
a center for juvenile rehabilitation, Dar al-Mulahaza, and was returned to the 
GDI prison in Dammam when he turned 18.

Ali al-Nimr is the nephew of a prominent Shi'a cleric Sheikh Nimr Baqir 
al-Nimr, from al-Awamiyya in Qatif, eastern Saudi Arabia, who was sentenced to 
death by the Specialized Criminal Court on 15 October 2014.

(source: The Muslim News)






IRAN:

110 inmates sentenced to death in Iranian Kurdistan


A court in Iran's Kurdish city of Sanandaj has sentenced 110 inmates, including 
4 underage offenders, to death for manslaughter and drug trafficking, officials 
told the media Wednesday.

3 of the convicts are political activists who were charged with anti-government 
actions and "opposition to the rule of God," according to official statements 
from the court.

Iran has one of the highest execution rates in the region with over 700 people 
executed so far this year, most of them convicted on drug-related charges, 
according to Amnesty International.

The rights group said last week international law did not allow the death 
penalty for drug offenses, and appealed to Iranian authorities "to conduct fair 
trials."

Of the 110 convicts, 37 were charged with possession or trafficking illicit 
drugs, and 69 others were accused of murder.

According to Amnesty, many of the accused in Iran confess to crimes under 
torture and in unfair trials.

Behrouz Alkhani, a Kurdish political prisoner, was executed last month while 
waiting for the outcome of a supreme court appeal, Amnesty said.

(source: rudaw.net)

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

UN & Europe Fund Iran's Executions


"The death penalty has no place in the 21st century." These words were spoken 
last year by the UN Secretary General Ban Ki-moon. Many would agree. In fact, 
more than 140 countries worldwide have abolished capital punishment, including 
every country in the European Union. Yet the United Nations Office on Drugs and 
Crime (UNODC) and EU member states have financed Iran's drug war, a program 
that has allowed Iran to be a global leader in per capita executions.

The regime in Iran is one of the most repressive governments in the world. In 
2015, Iran received close to the lowest possible rating for political rights 
and civil liberties in a Freedom House report, and was ranked 173 out of 180 
countries in the World Press Freedom Index. Dissidents are routinely arrested 
and tortured; freedom of speech is limited; and the judiciary provides little 
if any due process to prisoners. Yet the UNODC has given Iran more than US$15 
million since 1998 to support operations by the country's Anti-Narcotics 
Police. This is despite significant evidence that Iran's governmental drug 
policies violate international law, and fall short of UNODC's own standards.

A 2014 report by Ahmad Shaheed, the UN Special Rapporteur on Human Rights in 
Iran, quoted an experienced Iranian lawyer who said that drug trials "never 
last more than a few minutes." Prisoners are often denied accessed to counsel, 
and claim that confessions are forced under torture. By Iran's own admission 93 
% of the 852 reported executions between July 2013 and June 2014 were drug 
related. Iran has already executed more than 750 individuals this year, and is 
on pace to reach 1,000 executions by the end of the year.

Human Rights Watch has accused Iran of using drug charges against political 
prisoners and dissidents, raising further concerns about the implications of 
the UNODC's support for the country's anti-drugs program. In 2011, Zahra 
Bahrami, a citizen of both the EU and Iran was arrested and accused of drug 
trafficking - a charge she denied. She claimed her confession was extracted 
under duress, and activists contend that her arrest was based on her political 
views.

Despite the limited scope of the UNODC, Iran's policy of executions is about 
more than combating drug problems. Instead of focusing primarily on endemic 
problems such as poverty and a lack of opportunities for youth that foster drug 
abuse, Iran continues to enact draconian punishments on individuals, including 
publicly executing them. It appears these ritualistic killings are a strategy 
by the regime to maintain political authority through intimidation. These 
killings are part of Iran's policy of death, which seeks to terrorise and 
subdue a population, the majority of which is under the age of 30.

Violations of International Human Rights Law

>From a legal perspective there is ample evidence that Iran's executions are a 
violation of international human rights law, as enshrined in the International 
Covenant on Civil and Political Rights (ICCPR). The ICCPR, to which Iran and 
every EU member state is a party, explicitly reserves capital punishment for 
only "the most serious crimes." Article 6 of the ICCPR explicitly states that 
the death penalty cannot be imposed if a fair trial has not been granted. This 
statute has strong resonance given the lack of due process in Iran.

The UNODC has also released a position paper that appears to critique its own 
involvement in Iran. The paper notes that cooperation with countries which use 
capital punishment "can be perceived as legitimising government actions." It 
concludes that in such circumstances the organisation, "may have no choice but 
to employ a temporary freeze or withdrawal of support." Yet the UNODC has never 
publicly expressed a desire to withdraw support from its Iran program.

Political Hypocrisy and Human Rights

The hypocrisy aiding Iran is not lost on all EU member states. The UK, Denmark 
and Ireland havewithdrawn funding for UNODC's Iran program, citing human rights 
concerns. However other countriesincluding Norway and France continue to 
provide funding. Earlier this year, the UNODC was rumoured to be finalising a 5 
year deal with Iran, however no official announcement about the deal has been 
made.

Unfortunately, these policies appear to be part of a larger failure by many 
Western countries to consider human rights as one of their negotiating points 
with Iran. It appears that they are willing to champion human rights as a 
reason for intervening in certain states, while relegating it to a footnote 
when it may negatively impact foreign policy interests. The attitude suggests 
that the executions of thousands of Iranians is part of the necessary 
collateral damage to keep the EU free of increased drug trafficking. This 
stance not only estranges those who reside outside of Europe's borders, as if 
their human rights are beyond the interests of international organisations, but 
it places Western states at the height of hypocrisy.

One need look no further than the current discourse surrounding the nuclear 
deal with Iran to see a clear example of this. Recently, the EU's foreign 
policy chief Federica Mogherini visited Iran to endorse the agreement and did 
not express concerns over Iran's human rights record. This meeting took place 
while the regime made preparations to execute Salar Shadizadi for crimes he 
committed when he was 15 years old.

If international standards and human rights are to have universal application, 
the UNODC should suspend support for Iran's drug program and demand judicial 
reform and a moratorium on executions. EU member states should demand 
accountability in how their contributions are spent. Lastly, any nuclear deal 
should have also included recognition of the legitimate demands of Iranian 
society for civil and political rights, and underscored the egregious human 
rights conditions in Iran.

This is not about interfering with the domestic affairs of a sovereign state, 
but holding true to the human rights values upon which the UN was founded. It 
is also about giving real force to international human rights law, which in 
this case should carry more weight. The death penalty can come to an end, but 
only if we have the political will to practice the ideals we have long 
preached.

(source: Hamid Yazdan Panah is an attorney, writer and human rights activist 
from the San Francisco Bay Area----Iranian.com)

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

7 years on death row


2 young Iranian Kurds that have been condemned to death are lingering in prison 
after 7 years. Zaniar and Loqman Moradi are charged with killing the son of a 
senior mullah in Kurdistan Province, western Iran, a charge they deny.

They are spending their 7th year in Gohardasht (Rajai Shahr) Prison in Karaj, 
north-west of Tehran, and their families say that they are in poor physical 
condition.

During these 7 years, Zaniar has never been able to meet his family and Loqman 
has just seen his family 2 or 3 times from behind a window.

"Their file has turned complicated by the Ministry of Intelligence. It does not 
allow criminal courts to try them, nor does it allow clarification of their 
condition," says Zaniar's father who is Loqman's uncle.

"Zaniar has undergone surgery 5 times because of the tortures he has suffered 
by his interrogators and Ministry of Intelligence agents. He has been operated 
on the spine, back, testis and knee," he added.

Zaniar's father said that his family has moved out of Iran and thus Zaniar has 
not been able to have visits from them, but the regime has also barred any 
visits by his grandparents. "Recently, when Loqman was sent to court, he 
refused to put on a prisoner's outfit. He was beaten with batons, boots and 
other things for that, resulting in injury to 2 of his vertebras," he added.

(source: NCR-Iran)