[Deathpenalty] death penalty news----worldwide

Rick Halperin rhalperi at smu.edu
Thu Dec 8 09:54:29 CST 2016







Dec. 8




UNITED KINGDOM/MIDDLE EAST:

Theresa May fails to raise child executions at Gulf summit


Theresa May has apparently declined to raise the issue of the death penalty for 
juveniles and political protestors in Saudi Arabia, despite emphasising in a 
speech today (7 December 2016) that the UK is the Gulf's "partner" in reform 
and of the "embedding" of international norms.

Theresa May met yesterday with Saudi Arabia's King Salman during her 3-day 
visit to the Gulf Cooperation Council summit in Bahrain. According to reports 
today, Downing Street could not confirm whether "specific cases of imprisoned 
or exiled dissidents" had been raised during the meeting.

The comment appears to mark a change in stance from previous statements; as 
recently as September, the Foreign Office confirmed that Boris Johnson had 
raised with his Saudi counterparts the cases of 3 juveniles facing execution in 
the Kingdom. Ali al-Nimr, Dawood al Marhoon and Abdullah al Zaher were arrested 
in relation to protests at the ages of 17, 17 and 15, and tortured into false 
'confessions.'

The Saudi authorities have executed several juveniles this year, and the 
international human rights organisation Reprieve has written to Theresa May, 
asking her to use this week's Gulf visit to press for the release of the 3. 
(http://www.ekklesia.co.uk/node/23610) Reprieve has warned the Prime Minister 
of evidence that more juveniles have recently been sentenced to death. The 
Prime Minister's predecessor, David Cameron, said last year that he would 
attempt to raise the cases with Saudi Arabia.

Reprieve has also asked the Prime Minister to ask Kuwait to drop its plans to 
lower to 16 the age at which people can be executed; and to urge Bahrain to 
release prisoners who were tortured and sentenced to death for attendance at 
protests, such as father of 3 Mohammed Ramadan. The Prime Minister is due to 
meet with the King of Bahrain today. Yesterday Mr Ramadan's wife, Zainab 
Ebrahim, appealed to Mrs May to secure his release.

Bahrain and Saudi Arabia have received substantial support and training from 
the UK for their prison and police services, and this morning, Mrs May said 
that the UK is "determined to continue to be your partner of choice as you 
embed international norms and see through the reforms which are so essential 
for all of your people."

However, Reprieve has raised concerns over both countries' continued use of the 
death penalty and torture to extract false 'confessions'. During 2016, Freedom 
of Information requests by Reprieve have revealed that:

--A Foreign Office project has seen hundreds of Bahraini prison guards in 
Bahrain's death row jail;

--British Police have trained their Saudi counterparts in investigation 
techniques that could lead to the arrest, torture and sentencing to death of 
protesters;

?These projects have been undertaken without the safeguards that are supposed 
to be put in place under the Government's flagship guidance on the death 
penalty and torture overseas - known as the Overseas Security and Justice 
Assistance (OSJA) guidance.(http://www.ekklesia.co.uk/node/23452)

Maya Foa, a director at Reprieve, said: "Theresa May's bid to be the Gulf's 
'partner of choice' sounds more like a sales pitch than a much-needed call for 
reform. Despite years of substantial UK support apparently intended to improve 
the human rights situation in the Gulf, Bahrain and Saudi Arabia continue to 
torture and sentence to death juveniles and political dissidents - an appalling 
breach of the 'international norms' that Mrs May says she wants to promote. If 
the Prime Minister is going to commit the UK to greater cooperation with the 
Gulf, she must also call for an immediate end to these abuses - and the release 
of prisoners like Ali al-Nimr."

(source: ekklesia.co.uk)






TURKEY:

A scary scenario in the Ankara political backstage


Reinstating the death penalty was imposed on the political agenda by the 
Turkish leadership after the bloody coup attempt of July 15.

The slogan "We want executions back" was first chanted by a group among the 
people who rushed to the Istanbul airport on that night to welcome and defend 
President Tayyip Erdogan, following his call via the private broadcaster CNN 
Turk.

Erdogan channeled the feelings of the furious masses with that slogan. Later, 
using the justification that "my people want it so," he vowed that if 
parliament voted for it, he would approve it. His Justice and Development Party 
(AK Parti) dominates in parliament, and it is not only the AK Parti, but also 
its partner in the new constitution, the Nationalist Movement Party (MHP), that 
is in favor of bringing back capital punishment.

The death penalty was abolished in 2000 as part of the framework of harmonizing 
Turkish legislation with that of the EU after the arrest of Abdullah Ocalan, 
the leader of the outlawed Kurdistan Workers' Party (PKK), in 1999, who was 
later sentenced to death. Ironically, the MHP and its leader, Devlet Bahceli, 
were part of the ruling coalition back when it was abolished. But the abolition 
of the death penalty became official in 2004 under AK Parti rule after Erdogan 
became the prime minister.

Reinstating the death penalty has always been a popular issue for Turkish 
politicians of both Islamist and nationalist roots, as it is seen as both a 
deterrent method of punishment and exists in the Quran.

Bringing it back would not be something difficult for the AK Parti-MHP 
collaboration in parliament now, but its political and economic consequences 
could make life difficult for Turkey and Turkish citizens.

The 1st consequence could be the cutting of all ties with Brussels, which could 
be followed by the possible freezing of the Customs Union between the two 
sides. With or without economic sanctions, it is possible that economic 
relations between the pair (half of all Turkish exports go to EU countries) 
could be expected to decline.

But the consequences would not be limited to that. If the psychological barrier 
of bringing back the death penalty is broken, it is possible that the state of 
human rights and democratic freedoms in Turkey in other areas would experience 
a further decline. Considered along with the executive presidential system that 
is currently being prepared, the same thing could be speculated for judicial 
independence, which could also have an impact on foreign investments.

This might seem a pessimistic picture for many. But for a few people in Ankara, 
this is the game plan that President Erdogan should follow.

According to some unconfirmed information doing the rounds, a group of people 
with close access to Erdogan have been promoting the following elaborate plan 
to him: Bring back the death penalty, get rid of the limits of EU legislation 
when the EU cuts all relations, let the stock exchange collapse (i.e., get rid 
of the pressure from big companies and foreign capital, which are not "from us" 
anyway), meet the military needs of NATO in a bargain with "our own needs" to 
get rid of the excessive political pressure from the West, press for and get 
the executive presidency, start to give back some rights according to "our 
needs" (including on the Kurdish issue, out of democratic generosity), and then 
witness the recovery of a more "native" economy.

It may sound scary, but a handful of people have been trying to make variations 
of this scenario the official line of President Erdogan.

There is no preparation yet - either in the presidential compound in Bestepe in 
Ankara or in the Justice Ministry - to reinstate the death penalty. There is 
strong rhetoric but little legal action so far, which indicates that Erdogan 
has not yet adopted this scenario as his final policy.

That is good, because such a scenario might not only cause Turkey to drift away 
from the democratic and economic values of the modern world, but could lead to 
unexpected new fault lines in Turkish society.

Regarding the "my people want it so" rhetoric, Erdogan is experienced enough to 
know that the best leaders do not follow the masses, but themselves lead 
through steps forward. The path for a better future for Turkey certainly does 
not pass through the reinstitution of the death penalty, which has become the 
most crucial of all debates in the country after the July 15 coup attempt.

(source: Opinion; Hurriyet Daily News)






PHILIPPINES:

Unite vs death penalty, CBCP urges Filipinos


The influential Catholic Bishops' Conference of the Philippines (CBCP) on 
Thursday called on Filipinos to unite against moves to revive the death 
penalty, which President Rodrigo Duterte wants to use in his war against crime.

The CBCP president, Lingayen-Dagupan Archbisbop Socrates Villegas, made the 
call a day after the House justice committee approved the bill restoring the 
death penalty for 21 "heinous crimes."

"In resisting the threat of the restoration of the death penalty, we cannot be 
disunited or indifferent. On this pro-life issue let us truly unite. Come out 
and make a stand!" said the prelate in a statement posted at the CBCP website.

"This is a conscience call to stand up for life," Villegas added.

Villegas pointed out that the death penalty is self-contradictory because it 
espouses the same posture of violence condemned by the state.

Rodolfo Diamante, executive secretary of the CBCP Commission on Prison Pastoral 
Care, accused pro-death penalty congressmen of "trying to railroad" the passage 
of the death penalty measure, House Bill No. 1.

"Let us make a more forceful stand against the death penalty," he said. "Now 
more than ever we need to act fast and swiftly to counteract the prevailing 
culture of death in our society."

With the bill's passage at the committee level, the measure will be debated for 
2nd reading in the plenary. Once the bill is approved on 2nd reading, approval 
on 3rd and final reading will only be a formality. The bill needs to go through 
the same process in the Senate.

The death penalty was abolished by the 1987 Constitution, only to be restored 
in 1994 by former President Fidel Ramos with the enactment of Republic Act 7659 
or the Death Penalty Law.

It was again abolished in 2006 by former president and now Pampanga Rep. Gloria 
Macapagal-Arroyo.

According to the International Commission of Catholic Prison Pastoral Care, 124 
out of 194 countries have abolished the death penalty in their penal systems.

LP to oppose bill

Also on Thursday, Senate President Pro-Tempore Franklin Drilon said he and 
other members of the Liberal Party would oppose the bill, pointing to the 
country's weak legal system.

"Our less than ideal justice system can result in someone being executed when 
he was in fact innocent," Drilon told reporters.

"We are not convinced the re-imposition of death penalty is a deterrence to 
crime ... it takes years before someone is charged or convicted. By that time 
the people have already forgotten that the crime was committed and therefore, 
the desired deterrence when you impose a penalty becomes no longer effective," 
he said.

"That goes back to our position that there must be reforms in our justice 
system before we even consider the re-imposition of death penalty because of 
the possibility of errors being committed, and you cannot correct the error 
once it is committed," he added.

Vice President Maria Leonor "Leni" Robredo, in a statement, said the approval 
of the bill was meant to please the President, even if there was "no evidence 
or a study showing that death penalty is an effective way to curb crime."

Robredo noted that the Philippines is a signatory to the Second Optional 
Protocol to the International Covenant on Civil and Political Rights - a pact 
that prohibits countries from restoring death penalty.

(source: The Manila Times)

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

LP senators to oppose proposals reimposing death penalty


Liberal Party (LP) senators are opposed to legislative proposals reimposing 
death penalty, Senate President Pro Tempore Franklin Drilon said Thursday.

"The LPs in the Senate will not vote in favor of the reimposition of death 
penalty. We are against the re-imposition of death penalty,??? Drilon told 
reporters. "Our less than ideal justice system can result in someone being 
executed when he was in fact innocent???Kapag nagkamali ka, hindi mo na pwedeng 
bawiin," Drilon added.

Drilon further said that they are not convinced that the reimposition of death 
penalty will lead to a deterrence of crime. Senator Leila de Lima, also a 
member of the LP, said she was against the death penalty whatever the offenses 
the proposed measures intend to cover.

"Whatever is the offense or the offenses covered, whether drug-related lang, 
cases of violations of the Comprehensive Dangerous Drugs Act, or other heinous 
crimes, I am against death penalty," De Lima said.

Senators Paolo Benigno "Bam" Aquino IV, Francis "Kiko" Pangilinan, and Ralph 
Recto are also members of the LP, while Senator Risa Hontiveros is a close ally 
of the party.

There are at least 7 legislative proposals seeking to reimpose death penalty 
filed before the Senate, 3 of which were filed by Senator Manny Pacquiao.

Pacquiao has already presented his position before the Senate justice and human 
rights committee during its 1st hearing on the proposals.

Senate President Aquilino "Koko" Pimentel III was non-committal whether 
legislative proposals restoring the death penalty will pass at the upper house.

He said however that he was keeping an "open mind" about it in order to support 
President Rodrigo Duterte's initiative, the proposal being a priority bill.

Majority Leader Vicente Sotto III, meanwhile, was positive that the death 
penalty proposals will pass.

He said plenary discussions will likely begin by February or March. "Mapapasa 
pero matagagalan but I think there's a very strong possibility that it will 
pass especially if it's my proposal, which is only for high-level drug 
trafficking," Sotto earlier said.

(source: gmanetwork.com)

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

No guarantee death penalty will deter crime: Amnesty International


There's no guarantee that the death penalty will deter crime in the 
Philippines, a human rights group said.

Ritz Lee Santos III, chairperson of Amnesty International Philippines, said 
research shows there's no correlation between imposing capital punishment and 
reducing incidents of crime.

"Having the death penalty doesn't follow that crime incidents will decrease," 
he said in a phone interview on ANC's "Top Story."

On Wednesday, the justice committee in the House of Representatives voted 
12-6-1 approving a committee report on the consolidated bill for the 
reimposition of death penalty.

Amnesty International Philippines is calling on all lawmakers to heed their 
conscience and prevent the re-imposition of capital punishment.

"We will not stop. We will continue to lobby and ask the legislators to have 
their conscience still intact," Santos said.

Earlier today, the human rights watchdog presented an 11-point legislative 
agenda making the case against the death penalty:

1. Reject all efforts to reinstate the use of the death penalty in the 
Philippine judicial system.

2. Seriously address the extrajudicial killings in the country, including 
making sure that human rights workers and defenders are free from intimidation, 
harassment and violence, and are able to continue their work without 
interference.

3. Legislate and establish a national preventive mechanism for torture, which 
should comply with the Optional Protocol to the UN Convention Against Torture.

4. Fully engage in the oversight committee for the implementation of the 
anti-torture act.

5. Accede to the international convention for the protection of all persons 
from enforced disappearances as a step towards ratification and strengthen the 
anti-enforced disappearance act in line with international law.

6. Amend the witness protection act with a view of establishing a mechanism for 
timely and sustainable protection for prospective witnesses, witnesses and 
their families, and victims' families.

7. Review provisions criminalizing libel of the revised penal code and the 
cyber-crime prevention act, with a view to amend provisions which curtail 
freedom of expression.

8. Repeal legislations that are discriminatory to women as mandated in the 
implementing rules and regulations of the magna carta for women:

--Giving preference to the father's opinion over the mother's with respect to 
giving consent to the marriage of a son or daughter aged 18-21; the requirement 
for physical abuse and grossly abusive conduct to be repeated to constitute a 
ground for legal separation;

--Provisions giving preference to the husband's decision over his wife's in 
cases of disagreement in relation to the administration and enjoyment of 
community and conjugal properties and over their children and the exercise of 
legal guardianship over the property of children under the age of 18;

--The definition of vagrants and prostitution; provisions on adultery and 
concubinage where the wife can be charged with adultery and the husband can be 
charged with concubinage which is more difficult to prove and has lesser 
penalties;

--Premature marriages where a widow who marries within 301 days from the date 
of her husband's death may be imprisoned and on death inflicted by a legally 
married person on his spouse and his spouse's sexual partner.

9. Enact a charter of the Commission on Human Rights that strengthens its 
mandate and capacity to include subpoena powers, clarify its fiscal 
independence the power to reorganize its internal structure.

10. Enact a law that will criminalize and penalize all acts of discrimination, 
to include a comprehensive anti discrimination law.

11. Create a law protecting the rights of internally displaced people.

Santos added that regardless of the crime incidents and the peace and order 
situation in the country, the state has the obligation to respect, protect and 
fulfill human rights.

"Reimposing the death penalty is tantamount to violation of human rights, the 
very basic of our rights," he said.

(source: abs-cbn.com)

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

Congress should block effort to reintroduce death penalty


Statement signed by 70 organizations and individuals

We, the undersigned organizations and individuals, express serious concern over 
the rapid efforts by members of the House of Representatives of the Philippines 
to adopt a bill restoring the death penalty in the country.

On 29 November 2016, the Sub-Committee on Judicial Reforms of the House 
Committee on Justice, which is chaired by Congressman Marcelino "Ching" Veloso, 
approved a bill restoring the death penalty in the Philippines by railroading 
the proceedings in the committee and ignoring important questions from other 
lawmakers questioning the need for the legislation or its urgent passage.

The decision to approve such a bill by the sub-committee was done with so much 
haste that there was not even a report presented, as is the normal practice, on 
the discussions and information presented in the previous hearings.

The Philippines is a State Party to the Second Optional Protocol to the 
International Covenant on Civil and Political Rights, which means that it is 
obliged not to carry out executions within its jurisdiction and not to 
reintroduce the death penalty.

The Philippines has always been viewed as a regional and global leader on the 
drive to abolish the death penalty around the world. Bringing back the death 
penalty into its laws would be an enormous step backward for the country, 
signaling a comprehensive degradation of respect for the right to life and 
other international legal obligations.

The UN General Assembly has repeatedly adopted resolutions by overwhelming 
majorities, calling on all States that retain the death penalty to impose a 
moratorium on executions with a view to abolishing it.

We categorically and absolutely oppose the death penalty in any and all 
circumstances and consider its use to be a violation of the right to life and 
freedom from cruel, inhuman, or degrading punishment.

It cannot be emphasized enough that significant and overwhelming evidence shows 
that the death penalty is not effective at deterring crime at a greater rate 
than alternative forms of punishment.

We call on the Government of the Philippines to instead invest in improved 
detection and investigation techniques and capacity, and improve the 
effectiveness and efficiency of the justice system. These measures are more 
likely to achieve real results in reducing crime.

We strongly urge members of the House of Representatives of the Philippines to 
ensure their discussions in the next few days on this bill restoring the death 
penalty are based on evidence and facts.

We strongly urge members of the House of Representatives of the Philippines not 
to view this as a purely political exercise and instead seriously consider not 
only what the impact of the passage of this bill will have on the international 
obligations of the Philippines, but also on how it would affect the notions of 
justice and human rights in the country.

We appeal to members of the House of Representatives of the Philippines to stop 
further attempts to reintroduce the death penalty and to block any legislation 
that subverts human rights.

(source: fidh.org)

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

UN: PH will violate int'l pact if it restores death penalty


Al Hussein pointed out that the Philippines passed Republic Act 9346 in 2006, 
abolishing capital punishment. It also ratified the Second Optional Protocol to 
the International Covenant on Civil and Political Rights (ICCPR), which aims to 
abolish the death penalty.

"When a State ratifies the Second Option Protocol to ICCPR, it guarantees that 
no one can be executed within its jurisdiction," he said.

"International law does not permit a State that has ratified or acceded to the 
Second Optional Protocol to denounce it or withdraw from it," the commissioner 
added.

"The Philippines would violate its obligations under international human rights 
law if it reintroduced the death penalty, I appeal to you and all members of 
Congress to uphold the international human rights obligations of the 
Philippines and maintain the abolition of the death penalty," Al Hussein said.

He said that there is no "denunciation clause" in the protocol "thereby 
guaranteeing the permanent non-reintroduction of the death penalty by States 
that ratified the Protocol."

Al Hussein also said that the ICCPR, which the Philippines is a party to, only 
allows States with capital punishment to apply the death sentence for the most 
serious crimes.

"On various occasions, the Human Rights Committee has determined that 
drug-related offenses did not meet the threshold of 'most serious crimes,'" he 
said.

He also said that the International Narcotics Control Board, which monitors 
State compliance with drug control treaties, "considers that the use of the 
death penalty for drug crimes is incompatible under international law."

Innocent people killed

Al Hussein said that "decades of research" have proven that there is "no 
reliable evidence that the death penalty is an effective deterrent to crime."

"What we do know is that executions have led to the wrongful killing of many 
innocent people across the world," he said. "The use of the death penalty 
leaves no room for human error, with the gravest of consequences."

He pointed out that statistics also show that death penalty "disproportionately 
discriminates against the poor and most marginalized individuals and 
subsequently results in social injustice."

Stronger rule of law, an effective justice system and a strong public health 
approach are most effective in addressing drug-related offenses, Al Hussein 
said.

(source: inquirer.net)



SINGAPORE:

Educated Singaporeans more likely to support death penalty----More than 2/3 of 
Singaporeans support the death penalty, according to a groundbreaking survey


More than 2/3 of Singaporeans support the death penalty, according to a survey 
that found those with university-level education were more likely to be in 
favour.

70 % of the 1,500 people aged between 18 and 74 who were surveyed supported the 
death penalty, with 8 % of those being "strongly in favour" of judicial 
executions.

Of the 30 % against, 3 % were strongly opposed.

Meanwhile, 92 % of those in favour said they approved in general of using it in 
cases of intentional murder, 88 % for firearms offences, and 86 % for drug 
trafficking.

Commissioned by the National University of Singapore (NUS) and led by prominent 
local legal experts, the survey is the 1st of its kind to delve into public 
opinion surrounding a judicial practice that has consistently put the affluent 
Southeast Asian city-state in the crosshairs of international rights groups.

Singapore imposes the death penalty for offences including murder, serious 
cases of drug trafficking and some firearm offences.

Activists have long argued the death penalty has little deterrent effect but 
the government insists otherwise, claiming it helps to maintain Singapore's 
status as one of the world's safest places.

In 2012, the city state's parliament passed legal reforms that abolished 
mandatory death sentences in certain drug trafficking and murder cases.

"When placed in context, support for mandatory sentences...was weaker than 
often portrayed, in particular for drug trafficking and firearm offences where 
no death or injury has occurred," the researchers who led the survey said.

The data suggested people of age 66 or above were more likely to support the 
death penalty. Those who had degree qualifications were 1.7 times more likely 
to support it compared to those with primary or lower education.

Of religious groups, "Chinese religionists are 2.3 times more likely to support 
the death penalty than Protestants, while Catholics are two times less inclined 
to do so than Protestants," the researchers said.

"We would need to do further research to make an attempt at explaining these 
findings," they added.

Kirsten Han, a leading Singaporean activist against the death penalty, told 
This Week in Asia the tiny but vocal abolitionist movement had "never been 
under any illusion that there is support for abolition of the death penalty in 
Singapore".

She said it was noteworthy that the study showed "support is lowest when it 
comes to the death penalty for drug offences, but the majority of death row 
cases and execution cases in Singapore are for drugs".

"If anything, this study emphasises just how much more work needs to be done to 
educate the public and point out the gap between their impression of capital 
punishment, and how it actually works in reality," Han said.

The survey, conducted between April and May, was based on a similar project 
conducted in Malaysia in 2013 by Oxford University professor Roger Hood.

Calls to abolish death penalty grow louder in Japan

That survey found 91 % of Malaysians supported the death penalty in murder 
cases, with between 74 and 83 % approving its use for drug trafficking or 
firearms offences.

Of the 10 member states of the Association of Southeast Asian Nations (ASEAN), 
only Cambodia and the Philippines have abolished the death penalty.

The Philippines' President Rodrigo Duterte earlier this year said he would 
support the reintroduction of the death penalty to boost his controversial war 
on crime and drugs.

Hong Kong, which like Singapore and Malaysia inherited capital punishment laws 
from its colonial ruler Britain, formally abolished the punishment in 1993. The 
last execution in the territory took place in 1966.

(source: South China Morning Post)






INDIA:

SC to hear case of death row convict Sonu Sardar, accused of killing 5 people 
in 2004----The convict has been awarded death penalty by a trial court in 
Chhattisgarh, a decision later upheld by the state high court and the Supreme 
Court as well.


The Supreme Court on Thursday will hear the case of death row convict Sonu 
Sardar, who has been awarded the penalty for killing 5 persons of a family, 
including a woman and 2 children, during a dacoity bid in Chhattisgarh's Cher 
village in November 2004. Last month, the SC had asked Delhi High Court to 
decide on a plea of the Chhattisgarh Government challenging its jurisdiction to 
hear and grant a stay on the execution of Sonu.

The convict has been awarded death penalty by a trial court in Chhattisgarh, a 
decision later upheld by the state high court and the Supreme Court as well. 
The execution was stayed by the Delhi High Court on March 2, 2015. Challenging 
the decision, the state government told the apex court that Delhi High Court 
had no jurisdiction to stay the execution of convict Sonu Sardar as the offence 
had taken place in Chhattisgarh. The apex court had on September 2 sought 
response from the Centre on a plea of Chhattisgarh government challenging the 
jurisdiction of Delhi High Court. It had also stayed the proceedings in the 
case pending before the Delhi High Court.

The state government had said that just because there was a delay in deciding 
on his mercy petition, it cannot be a ground for the matter to fall in the 
jurisdiction of Delhi High Court. It had also sought transfer of the matter 
from the Delhi High Court to Chhattisgarh High Court.

(source: indianexpress.com)






NIGERIA:

'Execute death row inmates now or stop death sentence'


The African Commission on Human and Peoples' Rights has urged Nigeria to either 
execute about 1,000 Nigerians on death row or abolish death penalty as a 
punishment for any offence.

The Commissioner Rapporteur for the Rights Situation in Nigeria and the Special 
Rapporteur on the Rights of Women in Africa, Ms. Lucy Asuagbor, who led a 
delegation for the promotion of human and peoples' rights to Nigeria, made this 
call at the Federal Ministry of Justice in Abuja last week.

Nigeria is currently a signatory to the moratorium for temporary suspension of 
death penalty.

Fielding questions from journalists after presenting a report of her 
delegation's 10-day visit to Nigeria on Tuesday, Asuagbor said Nigeria and 
other member states should not just observe the moratorium but should go 
further to define the status of those on death rows in their various prisons.

Asuagbor, who was said to have visited about 30 ministries, departments and 
agencies of the Federal Government, said from the official statistics she 
obtained there were about 1,000 inmates on death row in Nigeria.

She said, "The African Commission has adopted a draft on abolition. Prior to 
that, we issued resolutions inviting member states to observe a moratorium on 
death penalty.

"Actually, most countries are observing the moratorium but we want them to take 
a further step to abolish (death penalty) because there is problem with the 
moratorium, especially when we still have persons on death row like in Nigeria, 
where we have at least 1,000 people on death row - going by the statistics we 
got from the prison authorities. At least 1,000 people are on death row and 
this makes death sentence to be hanging on people's neck for so long.

"So, it is better for the authorities to take their courage and go straight to 
abolishing or take the decision that defines the real status of those on the 
death row either by commuting the sentences or causing them to be executed.

"Our stance is that if they cannot abolish they must observe the moratorium by 
not pronouncing the death sentence or commuting the sentence of those on death 
row."

She also said the African Commission did not have a control over the decision 
of individual African countries on whether or not to withdraw their membership 
of the International Criminal Court.

She said although she was not aware if Nigeria had a plan to withdraw from the 
ICC, she knew that South Africa, Burundi and The Gambia had indicated such an 
intention.

She said, "We are aware that South Africa has indicated its interest to 
withdraw, Burundi has done so, and The Gambia. But you know these are 
conventions that are signed individually.

"So, the African Commission cannot, as a matter of its mandate, be particularly 
concerned with such withdrawal.

"Already, at the level of the African Union, there is division concerning the 
issue of the ICC as to whether it should be individual withdrawal or collective 
withdrawal. From the point of view of international engagements, this is an 
issue taken personally by state parties and I believe they have a right to 
continue or not to continue their relationship with such institutions."

Asugbor said the commission would prepare a comprehensive mission report, but 
in the interim, urged Nigeria to "ratify regional and international 
instruments, in particular the Second Option Protocol to the International 
Covenant on Civil and Political Rights, aiming at the abolition of death 
penalty, in addition to making the declaration and giving NGOs direct access to 
the court."

Speaking on behalf of the Attorney General of the Federation, the Director of 
International and Comparative Law of the Federal Ministry of Justice, Mrs. 
Stella Anukam, assured the delegation that Nigeria would continue to fulfill 
its human rights obligations to its citizens.

She said Nigeria would continue to engage the African Commission and help to 
strengthen it.

(source: punchng.com)






IRAN----execution

Man Executed in Iran after Extradition from Azerbaijan


A man jailed for 15 years in prisons in the Republic of Azerbaijan was executed 
at Ardabil Central Prison (northwestern Iran) on November 4, a few months after 
he was returned to Iran.

According to the human rights news agency, HRANA, the man's name is Nemat 
Rahman Garmi, and he was returned to Iran in August 2016, at the same time that 
Iranian President Hassan Rouhani had made a visit to the Republic of 
Azerbaijan. The Iranian and Azerbaijani authorities had reportedly signed an 
extradition agreement.

The HRANA report says that the charges againt Mr. Rahman Garmi are not clear. 
Some other reports have suggested that his charges were security related, such 
as transporting and storing illegal weapons.

(source: Iran Human Rights)







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