[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Feb. 18



INDONESIA:

Jessica's lawyers file pretrial motion


Lawyers of Jessica Kumala Wongso filed a pretrial motion with the Central 
Jakarta District Court to challenge her suspect status in the murder case of 
Wayan Mirna Salihin, who died after drinking cyanide-laced coffee.

Yudi Wibowo, one of the lawyers, said on Wednesday that having filed the 
motion, the team would face the 1st hearing on Feb. 23.

Meanwhile, the Jakarta Police's general crime director, Krishna Murti, said 
that he had been informed about the pretrial.

"Once we receive a notification letter about the pretrial, the Jakarta Police's 
legal team will immediately prepare for the hearing," Krishna said on Tuesday 
as quoted by kompas.com. Nonetheless, Krishna added that his team was 
optimistic that they could put Jessica behind bars as they had found 2 pieces 
of evidence that confirmed their allegations.

Jessica, the sole suspect in the murder case, was charged under the Criminal 
Code for premeditated murder. The law carries the possibility of the death 
penalty, lifetime imprisonment, or a maximum sentence of 20 years in prison.

The police suspect her of murdering Mirna, 27, who died after drinking the 
poisoned coffee at the Olivier restaurant in the Grand Indonesia shopping mall 
on Jan. 6. However, police have so far been tight-lipped on a motive behind the 
homicide.

(source: thejakartapost.com)






UNITED ARAB EMIRATES:

Doha court reviews expat's premeditated killing of compatriot


A Doha Criminal Court has been reviewing the case of a Bangladeshi man accused 
of premeditated killing of his compatriot.

Local Arabic daily Arrayah reported that the Public Prosecution accused the 
defendant of murdering his accommodation and work mate.

The witness in the case, a police officer, told the court that he received a 
call about the killing of an Asian man at a workers' accommodation. When he 
went there, he found the body of the victim on his bed with severe injuries and 
covered in blood. He also found a sharp knife under the bed. Upon investigation 
and further search, the defendant was arrested.

He told the investigators that he killed the victim after a heated verbal 
dispute, when the latter insulted and rebuked him harshly. After committing the 
murder, he fled the accommodation. At night, he slept at a mosque and in the 
morning, police found him and he was eventually arrested.

The defendant justified the killing claiming that the victim used to beat and 
insult him in front of others at work at the Fish Market. Also, he used to 
constantly threaten to send him back home, which made the defendant furious, 
provoking him to kill the other person.

A medical report submitted to the court on the condition of the defendant 
affirmed that he suffered from depression related to the murder, but he is 
fully accountable for his crime.

The court has adjourned the case until the legal heirs of the victim express 
their wish whether they seek a death penalty for the defendant or accept blood 
money.

(source: Gulf Times)






IRAQ:

Shocking surge in 2016 death sentences tops 90 as 'terror' trial closes


The 40 death sentences handed down today in Iraq after a fundamentally flawed 
mass trial show a reckless disregard for justice and human life, said Amnesty 
International and brings the total sentenced in 2016 close to 100.

Iraq's courts have imposed at least 52 death sentences since 1 January 2016. 
Today a further 40 individuals were sentenced to death as the verdict of a 
high-profile anti-terror trial is delivered in Baghdad.

"For Iraqi courts to hand down 92 death sentences in just 6 weeks is a grim 
indicator of the current state of justice in the country," said James Lynch, 
Amnesty International's Middle East and North Africa Deputy Director.

"The vast majority of the trials have been grossly unfair, with many of the 
defendants claiming to have been tortured into 'confessing' the crimes. These 
allegations must be urgently investigated and a re-trial that meets 
international fair trial standard should be ordered."

Today's trial involved 47 individuals accused of involvement in the Speicher 
massacre, in which at least 1,700 military cadets from Speicher Military camp, 
near Tikrit, were brutally killed by militants from the armed group calling 
itself Islamic State (IS) in June 2014.

Iraq's Federal Judicial Authority confirmed that 40 people were sentenced to 
death under the 2005 anti-terrorism law and 7 were released due to lack of 
evidence.

More than 600 arrest warrants were issued by the Iraqi authorities in 
connection with the Speicher massacre. The Central Criminal Court of Iraq 
(CCCI) went on to announce that it would consolidate all cases relating to the 
Speicher crimes into one case - opening the door to mass trials.

In July 2014, 24 men were sentenced to death by hanging under the 2005 
Anti-Terrorism Law in connection with the massacre.

"These mass, expedited trials raise serious questions about whether the Iraqi 
authorities really want to uncover the truth behind these abhorrent attacks, or 
whether they simply want to create the illusion that justice has been done. 
Once again we are seeing basic human rights trampled upon as the authorities 
circumvent fair trials in the name of national security," said James Lynch.

Amnesty International is calling on the Iraqi authorities to halt the 
ratification of death sentences and immediately establish an official 
moratorium on executions with a view to abolishing the death penalty.

Before a death sentence can be carried out, the President of Iraq must ratify 
it. Former President Jalal Talabani refused to ratify any death sentences 
leading to a backlog of more than 600 cases.

Last year, the new President Fuad Ma'sum came under significant pressure from 
MPs and the public to ratify death sentences, particularly following the 
Speicher massacre. A Special Committee was set up in the Presidency Office to 
manage the backlog. In July 2015 Amnesty International called on the Iraqi 
President to halt the ratification of death sentences that would pave the way 
for executions. Many of those sentenced to death have been subject to grossly 
unfair trials.

(source: Amnesty International)



PAKISTAN:

Pakistan, with 324 executions in 2015, ranks third worldwide - report


Pakistan hanged 324 people last year to rank 3rd worldwide in terms of 
executions, but the vast majority of those put to death had no links to 
militant groups or attacks, rights groups said in a report seen by Reuters.

Pakistan lifted a moratorium on executions in late 2014 as a measure to deter 
militancy, after a Taliban gunmen attacked a school and killed 134 students and 
19 adults.

Of the 351 executions that followed, only 39, or about 1 in 10, involved people 
linked to a known militant group or guilty of crimes linked to militancy, 
Reprieve, an international human rights group, and Justice Project Pakistan 
said in a report.

Pakistan now ranks after China and Iran, carrying out 324 hangings in 2015 
alone, the report showed.

Juveniles, mentally ill prisoners, and prisoners who had been tortured or had 
not received fair trials were among those executed, the report found in an 
analysis of media reports and data from courts, prisons and legal teams.

"The numbers show that the Pakistan government's claims do not match reality," 
said Maya Foa, director of the death penalty team at Reprieve.

"Those going to the gallows are too often the poor and vulnerable," she said in 
a statement. "It is hard to see how hanging people like this will make Pakistan 
safer."

A spokesman from Pakistan's interior ministry did not respond to requests for 
comment.

The government initially said the unofficial moratorium was only being lifted 
in cases connected to militancy, but it was later broadened to cover all cases, 
the report said.

The hangings have drawn condemnation from international partners but have been 
broadly popular at home.

Government officials told Reuters last year that the policy had been helping to 
deter militant attacks.

Militant, insurgent and sectarian attacks have fallen since 2014, though it is 
unclear whether the decline is linked to the change in execution policy, as it 
has also coincided with a military crackdown on militant strongholds.

Last year, attacks in Pakistan by militant, insurgent and sectarian groups were 
down 48 % from 2014, an independent think-tank, the Pak Institute for Peace 
Studies, says.

(source: Reuters)






THAILAND:

Koh Tao defence seeks 2nd appeal hearing extension


The defence team for 2 Myanmar men facing the death penalty for the murder of 2 
British tourists on Koh Tao will today file a 2nd application to push back an 
appeal against the sentence.

Lawyers for the 2 Rakhine State natives convicted of murdering the backpackers 
in Thailand are assembling additional points to contest the forensic evidence 
that formed a crucial part of the prosecution case.

Thai police handling of the case - from failing to secure the murder scene to 
testing of the DNA sample collection - was internationally decried, but on 
December 24 the court said the evidence against the Myanmar defendants proved 
their guilt beyond "reasonable doubt". Ko Zaw Linn and Ko Wai Phyo were 
sentenced to death.

The defence team has appealed the sentence and in collaboration with Australian 
DNA expert Jane Taupin is questioning the prosecutors' claim that forensic 
samples lead to a 100 percent match with the defendants.

The appeal hearing is slated for February 24, but the defence is petitioning to 
delay the court date.

According to the Migrant Worker Rights Network, the team has pored over nearly 
4000 pages of court records, and has assembled an extensive list of more than 
100 appeal points focusing mainly on the DNA. The extra time will be used to 
coordinate with experts from Australia, Britain and Thailand, said network 
chair U Sein Htay.

The court ordered an initial postponement on January 20, just 4 days before the 
appeal was to be heard. U Sein Htay said he is not sure the defence will get a 
2nd temporary reprieve.

"If the court does not approve the request, we will send our appeal report 
before the deadline on February 24," he said.

He added that the 2nd request is being made in order to translate some of the 
court documents from Thai to English in order to bring them to forensic 
analysts for review.

U Aung Myo Thant, a legal adviser at the Myanmar embassy in Bangkok, said an 
embassy team is also preparing to hand over analysis to the defence.

"The Myanmar delegation team will also give suggestions to the defence team 
after finishing observations on the murder case documents," he said.

The December death penalty verdict sparked outrage in Myanmar. Protests led by 
nationalist monks have been scheduled every Sunday, and even Commander-in-Chief 
Senior General Min Aung Hlaing weighed in, suggesting his Thai counterparts 
"take another look" at the case.

During a visit to Yangon earlier this month, migrant rights expert Andy Hall, 
who has been advising the defence team, said the case against the pair is "not 
strong".

"They should be released," he said. "That is not to say they are guilty or not 
guilty, but the case against them is not strong."

(source: Myanmar Times)






BANGLADESH:

Defence ends argument in Mir Quasem case ---- Quasem has also spent a large 
amount of money abroad to make the war crimes trials controversial


The counsels of condemned war criminal and influential Jamaat-e-Islami leader 
Mir Quasem Ali yesterday concluded arguments on his appeal filed with the 
Supreme Court seeking acquittal.

The 5-member bench of the Appellate Division headed by Chief Justice Surendra 
Kumar Sinha will hear from the attorney general on behalf of the state on 
February 23.

Attorney General Mahbubey Alam yesterday told reporters that the trial 
proceedings might end by February 24.

During yesterday's hearing, defence counsel SM Shahjahan argued that the 
statements of the prosecution witnesses in the case were not credible as the 
statements do not corroborate each other.

Quasem, a commander of al-Badr force in Chittagong during the 1971 Liberation 
War, was awarded capital punishment by the International Crimes Tribunal 2 on 
November 3, 2014. As many as 24 prosecution witnesses testified against Quasem.

The tribunal handed down the death penalty on 2 charges - for killing 7 people, 
including teenage freedom fighter Jasimuddin, after abduction. He was also 
awarded a total of 72-year imprisonment on the 8 other proven charges of 
abduction, conspiracy and planning.

A top Jamaat financier, Quasem appealed against the judgement on November 30, 
2014 seeking acquittal from the charges.

The Appellate Division started hearing on his appeal on February 9. It is the 
7th appeals case heard by the top court.

"The defence has concluded their primary submission. We will place our 
arguments on February 23. They will perhaps reply on the legal grounds. We hope 
that the hearing will end by 23th or 24th. Then we will have to wait for the 
verdict," the attorney general told reporters after the hearing.

Chief defence counsel Khandaker Mahbub Hossain, also BNP chairperson's adviser, 
alleged that his client had not been directly involved in any of the incidents 
and that the witnesses produced unreal depositions. He hoped that the court 
would acquit him from all the charges.

On the other hand, Mahbubey said that the convict did not claim himself 
innocent as he had been the secretary general of Islami Chhatra Sangha during 
the war.

The Jamaat leader, now 64, joined Islami Chhatra Sangha, then student wing of 
Jamaat, in 1967 while studying at Chittagong Collegiate School. He later became 
its Chittagong city unit general secretary. He played an important role in 
forming al-Badr Bahini.

He had set up makeshift torture camps at different places in the port city 
including Daleem Hotel in Andorkilla, where pro-liberation people were handed 
down punishment. Other allegations against him include involvement in mass 
killings in Asadnagar and Panchlaish areas.

Quasem in collaboration with the Pakistani occupation forces opened several 
torture cells in the city including Dost Mohammad Panjabi building and Salma 
Manjil where M Omar-ul-Islam and Lutfar Rahman Faruk among others were tortured 
following abduction.

According to the government, Quasem has also spent a large amount of money 
abroad to make the war crimes trials controversial.

(source: dhakatribune.com)






MALAYSIA:

More Malaysians want end to mandatory death penalty, online poll shows


Over 1/2 of Malaysians surveyed in an online poll want the government to scrap 
the mandatory death sentence that leaves judges with no discretion to hand down 
lighter punishments.

Conducted by Barisan Nasional (BN) component Gerakan, the online poll results 
showed 838 online respondents were in favour of abolishing the mandatory death 
sentence while 685 respondents disagreed with judges being given the discretion 
to decide sentences, the party's Youth wing leader Chai Ko Thing told a news 
conference today.

"As you can see from the results of votes garnered, the ratio is those who 
agreed are 55 % and those who disagreed is 45 5," the Gerakan Youth Legal 
Bureau chief said.

The survey results were collected from 1,523 anonymous Internet users over a 
3-week period from January 22 and February 15 through Gerakan's online poll 
site bettermalaysiapoll.org.

The survey posed just 1 question: "In your opinion, should Malaysia abolish the 
mandatory death penalty?" and the results were based on the number of "Yes" or 
"No" clicks obtained.

According to Chai, the mandatory death penalty in Malaysia applies to various 
crimes such as murder, firearm possession, kidnapping with ransom, waging war 
against the King and drug offences.

However, he said the government has currently shown its intention to remove the 
mandatory death penalty for drug-related offences, a move he said is backed by 
public sentiments based on the poll results.

He said Gerakan had, in 2013, initiated a petition titled "No to death 
penalty", adding however the scrapping of mandatory death sentences may be a 
good starting point and middle path.

"So the party's stand on this issue is we are going for total abolishment of 
death sentence, but as a start from the result of this poll - it seems to be 
divided, maybe to remove mandatory, then we work towards total abolishment of 
death sentence," he said.

(source: themalaymailonline.com)