[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Jan. 20



ZAMBIA:

Scrap death sentence - UNZA don


A lecturer in the School of Law at the University of Zambia, Landilani Banda, 
says death sentence is "state-sanctioned murder" and must thus be abolished.

Mr Banda says there is no legal, political or religious justification for 
maintaining the death penalty in the laws of the country.

Mr Banda said yesterday when he appeared before the Parliamentary Committee on 
Legal Affairs, Governance, Human Rights, Gender Matters and Child Affairs, that 
has been receiving views on whether the death penalty should be abolished or 
not.

"There is no valid reason to maintain death sentence in the statutes of Zambia. 
Being on death row alone causes so much anguish and suffering to the convict 
that most of them actually die on death row," Mr Banda said.

He contended that death sentence has not acted as a deterrent to would-be 
offenders and it is, therefore, only logical that it is scraped.

"Death penalty is retrogression to the right of life. It is the state violating 
the right to life. Which citizen deserves to be killed by the state? Death 
penalty is not defence of life of the state," Mr Banda said.

Mpika member of Parliament Mwansa Kapeya asked Mr Banda on whether he thinks 
Zambians will be convinced to abolish death penalty through a referendum.

Mr Banda said: "Zambians have a conscience. And Government needs to sensitise 
citizens on their rights, which includes the right to life".

Committee chairperson Cornelius Mweetwa asked Mr Banda on what the best 
deterrent should be in an event that the death penalty is abolished.

Mr Banda said life imprisonment would be ideal to replace death penalty.

Last week, the Human Rights Commission said Amnesty International described 
death penalty as a "premeditated and cold-blooded killing of a human being by 
the State", and should therefore, be abolished because it is a violation of 
fundamental human rights.

And Panos Institute Southern Africa (PSAf) has called on MPs to help promote 
transparency and accountability in the country by expediting the enactment of 
the Access to Information (ATI) Bill into law, which media practitioners have 
been fighting for since 1991, TEDDY KUYELA reports.

Appearing before the Parliamentary Committee on Information and Broadcasting 
Services at the National Assembly last week, PSAf programme manager for media 
development and information communication technology, Elias Banda, said access 
to information is a basic human right for all citizens.

Mr Banda urged Parliamentarians to support the enactment of the ATI into law to 
help promote accountability and reduce corruption.

This is according to a statement issued by Panos yesterday.

"Access to Information is a basic human right supported by Article 19 of the 
Universal Declaration of Human Rights and other international statutes of good 
governance and open societies," Mr Banda said.

Among other benefits, Mr Banda informed the committee that the ATI will enable 
the state or public bodies to positively seek information through research and 
development in all spheres of life.

Mr Banda said the enactment of the ATI Bill into law will also help to improve 
the knowledge base of an economy and help discover creative new ways of 
developing the country and its people.

(source: Zambia Daily Mail)






PAKISTAN----execution

Death penalty: Murder convict hanged


A murder convict was hanged at the Jhang District Jail on Tuesday morning. A 
Prisons Department spokesperson said Allah Ditta, a resident of Chak 161-JB, 
was sentenced to death by a trial court. He said Allah Ditta had killed a rival 
in 1996. The apex court had upheld the decision of the lower court and the 
president had turned down his mercy petition. A district and sessions judge had 
issued black warrants for Allah Ditta to be hanged on January 19.

(source: The Express Tribune)

*********

Qadri appeals for state's mercy


Mumtaz Qadri, whose death sentence was upheld by the Supreme Court of Pakistan 
for shooting to death Punjab governor Salman Taseer, has appealed the President 
of Pakistan for mercy.

According to sources at Interior Ministry, Mumtaz Qadri's appeal for mercy will 
be forwarded to the President's House.

Mumtaz Qadri, who was part of the security detail of Salman Taseer, had shot 
the former Punjab governor multiple times in Islamabad on January 4, 2011 for 
allegedly committing a blasphemy.

Qadri has, in his appeal addressed to President Mamnoon Hussain, stated that he 
is the only breadwinner in his family, and thus, deserves the state's mercy.

President Mamnoon Hussain will decide whether or not to condone the death 
penalty of Mumtaz Qadri, who had confessed to murdering Salman Taseer.

(source: thenews.com.pk)






INDIA:

SC to rehear death row convict's plea


The Supreme Court today agreed to re-hear the plea of Pakistani terrorist 
Mohammad Arif, alias Ashfaq, seeking review of the death sentence awarded to 
him for his role in the attack on an Army battalion at Red Fort here in 2000.

A 5-member Constitution Bench headed by Chief Justice TS Thakur said the review 
plea would be heard in open court by a Bench of 3 judges in the light of 
another Constitution Bench ruling in September 2014 acknowledging the need for 
transparency in such hearings.

Ashfaq's counsel pleaded that his client had been convicted only for conspiracy 
and was not part of the terror team that had mounted the attack, killing 3 
jawans. Further, Ashfaq was the only death-row convict who could not take 
advantage of the 2014 SC verdict as his curative petition had been dismissed 
ahead of that, he contended and pleaded for open court hearing by relaxing the 
norm.

Confirming the death sentence awarded to Ashfaq, the SC had ruled on August 10, 
2011 that he did not deserve anything less as he was part of both the 
conspiracy to wage a war against India and its execution. During the hearing of 
the appeal, Ashfaq could not cite a single mitigating circumstance warranting 
commutation of the death penalty, the apex court had pointed out.

In all, 6 militants had sneaked into the fort on December 22, 2000, and opened 
indiscriminate fire, killing 3. After the attack, all of them escaped by 
scaling the rear boundary wall of the 17th century monument.

(source: tribuneindia.com)






BANGLADESH:

2 get death for murder in Ctg


A Chittagong court yesterday gave death penalty to 2 persons in a case filed 
for killing a man at Chandanaish upazila more than 5 years ago.

The convicts -- Md Shahid and Hesham Uddin of Bainjuri in the upazila -- are on 
the run, said public prosecutor Ayub Khan. The court, however, acquitted 6 
persons as the charges brought against them were not proved, said the PP.

On March 7 in 2010, Md Shahid and Hesham hacked one Masur Ahmed Khan on the 
premises of his Madhyam Bainjuri village house in Chandanaish over land 
dispute, according to the prosecution. Mansur was declared dead at Chandanaish 
Upazila Health Complex.

(source: The Daily Star)

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

Split verdict over death penalty of 6 in 2006 RAB, Coastguard personnel murder 
case


Court has given a split verdict on the death penalty for 6 people in a case 
over the murders of one RAB member and 2 Coastguard personnel in Bagerhat in 
2006.

The bench of justices Md Nizamul Huq and M Faruque delivered it on Tuesday 
after hearings on death reference and an appeal by one of the death-row 
convicts.

A Bagerhat court on Aug 19, 2014, ordered the death penalty for 6 and life 
imprisonment for 7 others for killing the 3 security personnel.

Apart from the appeal, the case came to High Court later that year for death 
reference hearings for the other convicts.

The court started the hearings from Jan 12 this year.

In his verdict delivered 2 days later, Justice Huq had acquitted all 13 
convicts as the charges against them 'could not be proved beyond doubt'.

But disagreeing with his judgment, Justice Faruque on Tuesday reduced the death 
sentences for 6 to life imprisonment and retained the 7 others' life in jail 
verdict.

State counsel Deputy Attorney General Md Moniruzzaman Rubel told bdnews24.com: 
"We had argued in favour of upholding the death penalty. But none of the 
verdicts have retained it. We will decide later whether we will appeal after 
evaluating the verdicts."

The case will now go to the chief justice following the rules. The chief 
justice will then assign a new bench to settle it.

According to the case details, RAB and Coastguard had conducted a joint 
operation on Dec 1, 2006, on Pashur River in Bagerhat to nab a gang of robbers.

Following a shootout between the 2 parties, the security personnel managed to 
corner the robbers' vessel and board it.

Some of the robbers dived into the river with Coastguard personnel MH Kabir and 
MA Islam and RAB personnel PC Kanchan after a scuffle broke out on the boat.

The bodies of the 3 men were recovered from the river over the next few days.

RAB later filed the murder case against several unknown people. Mongla police 
submitted the chargesheet in May 2007 accusing 15 people.

The Bagerhat court then in August 2014 delivered the verdict based on 
statements from 11 state witnesses.

Those awarded death sentences were Rafiqul Sheikh, Quddus Sheikh, Idris Sheikh, 
Babul Sheikh, Alkas Fakir and Elias Sheikh.

Those awarded life sentences were Akram Sheikh, Alam Sheikh, Badshah Sheikh, 
Jamal Sheikh, Kamal alias Suman Sheikh, Reazul Sheikh and Aslam Sheikh.

Of them, Elias was the one who appealed against the maximum punishment. He is 
also the only one convict behind bars. The rest are still on the run, said 
Deputy Attorney General Moniruzzaman Rubel.

(source: bdnews24.com)

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

Hefazat leaders sign fatwa against militancy


Several top leaders of radical Islamist platform Hefazat-e-Islam and teachers 
of its Hathazari Madrasa in Chittagong have signed on to an initiative of 
100,000 clerics issuing a fatwa against militancy.

Fatwa committee chief Maulana Md Fariduddin Masud, also the Imam of Sholakia 
Mosque, said that they had already collected around 15,000 signatures since 
January 2. He said that they would also collect signatures of scholars engaged 
with various political parties.

12 Hefazat leaders including its Secretary General Junaid Babunagari and some 
teachers including chief mufti Abdus Salam of Al-Jamiatul Ahlia Darul Ulum 
Moinul Islam, also known as Hathazari Madrasa, signed the fatwa recently, 
sources said.

The platform's organising secretary, however, alleged that Maulana Masud had 
collected their signatures tactfully. Maulana Azizul Huq Islamabadi said that 
Hefazat had always been vocal against militancy.

"Maulana Masud tactfully collected signatures from the Hefazat leaders during 
the Ijtema. He did not make it clear that it was part of his campaign," he 
alleged.

Qawmi madrasa-based Hefazat came to limelight in 2013 by placing their 13-point 
demands that include the formulation of anti-blasphemy law after youths 
launched an unprecedented movement at Shahbagh demanding death penalty for all 
war criminals, most of who are from Jamaat-e-Islami. Hefazat leaders also 
termed the incumbent government a patroniser of atheists.

Since the Hefazat movement, over a dozen secular activists, writers, publishers 
and teachers were attacked - many of them killed - by religious extremists and 
militant groups.

At a recent Islamic conference in Chittagong, Hefazat chief Shah Ahmed Shafi 
said they were also against militancy and violence, but that their fight 
against the atheists would continue.

The anti-militancy fatwa involving 11 questions explains the relevant verses of 
the Qur'an and the Hadiths to discourage extremism and militant activities in 
the country.

Some 500 scholars present at Jamia Ikra of Khilgaon signed the fatwa on the 
inaugural day. The organisers will take signatures from female scholars too.

Maulana Masud hoped that they would be able to complete collecting the 
signatures by February. They had sent letters to all mosques, madrasas and 
religion-based political parties urging them sign the fatwa, which would be 
sent to the president of the state, the prime minister, the chief justice, the 
Organisation of Islamic Cooperation and the United Nations among others.

Maulana Masud alleged that Jamaat-Shibir had instigated militancy in the 
country. A 7-member committee is working to collect the signatures.

The initiative was taken after the police chief held series of meetings with 
Islamic scholars in December where they discussed ways to combat militant 
activities. A similar fatwa was issued by 1,000 Islamic scholars of India which 
says Islam is against terrorism, but Islamic State militant group is inciting 
terrorism.

Also the secretary general of Jamaat-e-Ulema, Maulana Masud said they were 
trying to collect signatures from all Muslim scholars including Shia, Sunni or 
Ahle Hadith followers.

"Islam does not support terrorism and militancy. Provoked by an international 
group, a certain quarter in the country is trying to encourage the youths in 
militant activities. If we can collect the signatures of 1,00,000 scholars, the 
world will know that Islam has nothing to do with militancy. It will also 
improve the image of the country," he said.

(source: dhakatribune.com)



INDONESIA:

Coalition of human right groups ask Indonesian government to end unjust use of 
the death penalty


The Indonesian government's decision to execute eight individuals for 
drug-related crimes last April led to condemnation of our country from 
governments and human rights advocates from around the world. Despite insisting 
at the time that the executions were essential to fighting a growing "drug 
crisis" in the country, government officials later said they would be focusing 
on improving the country's economy before moving forward with more executions.

Recently, however, government officials have backtracked once again, indicating 
that they would continue to carry out executions this year.

In an open letter released on Monday and addressed to Minister for Politics, 
Law and Security Affairs Lahut Panjaitan, numerous human rights and justice 
advocacy groups - including Amnesty International, the Community Legal Aid 
Institute (LBH) and KontraS (the Commission for the Disappeared and Victims of 
Violence) - criticise the government's decision to backtrack once again on 
their death penalty policy. They refer specifically to Attorney General M 
Prasetyo's statements in December that executions will resume in 2016.

The letter asks that the government put an end to executions, arguing that 
there are "systemic flaws in the administration of justice in Indonesia" and 
"violations of fair trial" that amount to government-endorsed human rights 
violations.

Many such violations of justice are noted in the letter, include not providing 
proper legal assistance to death row prisoners and the improper application of 
the death penalty to individuals who may have mental illnesses or be underage. 
It also notes that drug offenses do not rise to the threshold of serious crimes 
deserving of the death penalty as defined by the 1976 International Covenant on 
Civil and Political Rights, in which Indonesia is a signatory.

The letter's cosigners argue that only remedy to these injustices would be for 
Indonesia to place a moratorium on further executions and to establish an 
independent body to monitor the human rights of prisoners and ensure they 
receive a fair trial.

You can read the full text of the open letter below or on the website of the 
LBH Masyarakarat (Community Legal Aid Institute):

Mr. Luhut Panjaitan,

Coordinating Minister for Politics, Law and Security Affairs

Coordinating Ministry for Politics, Law and Security Affairs

Jl. Merdeka Barat No. 15,

Jakarta Pusat 10110

Indonesia

18 January 2016

Dear Minister,

Indonesia's authorities must end executions and abolish the death penalty

We are writing to you on the issue of the application of the death penalty in 
Indonesia. It has been a year since your administration resumed executions in 
Indonesia on 18 January 2015, after a 4 year hiatus, despite strong protests 
from human rights organizations and the international community.

Our organizations are concerned despite your public announcement in November 
2015 that Indonesia government would suspend any executions in near future the 
Attorney General has recently announced that further executions will be carried 
out in 2016. As there continues to be serious concerns about violations of fair 
trial and other human rights in the use of the death penalty in Indonesia we 
ask for your immediate intervention to address these issues. In particular, we 
urge you to ensure all death sentences are reviewed by an independent and 
impartial body, with a view to their commutation.

Research findings by the National Commission on Human Rights (Komisi Nasional 
Hak Asasi Manusia, Komnas HAM)[3] and additional independent research carried 
out by Amnesty International, ICJR (Institute for Criminal Justice Reform), and 
other human rights organizations, point to systemic flaws in the administration 
of justice in Indonesia and violation of fair trial and other international 
safeguards that must be strictly observed in all death penalty cases:

Defendants in the cases under analysis did not have access to legal counsel 
from the time of arrest and at different stages of their trial and appeals; 
they were subjected to ill-treatment while in police custody to make them 
"confess" to their alleged crimes or sign police investigation reports.

Prisoners were brought before a judge for the first time when their trials 
began, months after their arrest.

In several cases involving foreign nationals, particularly those convicted of 
drug-related offences, the authorities failed to correctly identify or verify 
the identity of the prisoner and notify relevant country representations of the 
arrest. The authorities also failed to provide translation and interpretation 
to those prisoners who could not understand Bahasa, whether they were 
foreigners or Indonesian nationals.

The death penalty continued to be used extensively for drug-related offences, 
even though these offences do not meet the threshold of the "most serious 
crimes", the only category of crimes for which the death penalty can be imposed 
under the International Covenant on Civil and Political Rights, to which 
Indonesia is a state party, pending its abolition.

In addition, despite the clear prohibition under international law concerning 
the use of the death penalty against persons who were below 18 years of age or 
have a mental or intellectual disability, credible claims put forward by 
prisoners in relation to their age and mental illness were not adequately 
investigated by the authorities and have resulted in the unlawful imposition of 
the death penalty and, in at least 1 case, execution. While Indonesian law 
requires that all births be registered, in practice many people do not undergo 
this process, making the determination of one's age particularly challenging. 
This, coupled with a lack of legal assistance, increases the risk that persons 
who were below 18 when the crime was committed are exposed to the death 
penalty. Additionally, defendants and prisoners are not regularly and 
independently assessed, which can result in mental disabilities remaining 
undiagnosed and prisoners not being afforded the care and treatment they might 
need.

Research findings also show that in some cases prisoners did not receive legal 
assistance when appealing against their conviction or sentence, or did not even 
submit an appeal application because they were not informed by their lawyers of 
their right to do so. Furthermore, the execution of some death row prisoners 
went ahead even though the Indonesian courts had accepted to hear their 
appeals. The announcement by President Joko Widodo in December 2014 and 
February 2015 that he would not grant clemency to any individuals convicted of 
and sentenced to death for drug-related crimes and information relating to some 
clemency rejections cast doubts on the meaningful exercise of the President's 
constitutional power to grant clemency and the country's compliance with the 
ICCPR.

As of today, 140 countries are abolitionist in law or practice. 3 more 
countries - Fiji, Madagascar and Suriname- became abolitionist for all crimes 
in 2015 alone and the Parliament of Mongolia adopted a new Criminal Code at the 
end of last year, removing the death penalty as possible form of punishment 
under the laws of the country. The resumption of executions in Indonesia have 
not only set the country against its international obligations, but also 
against the global trend towards abolition of the ultimate cruel, inhuman and 
degrading punishment.

Our organizations reiterate our calls on the government of Indonesia to 
establish a moratorium on executions as a first step towards abolition of the 
death penalty. Pending full abolition, we urge you to immediately establish an 
independent and impartial body, or mandate an existing one, to review all cases 
where people have been sentenced to death, with a view to commuting the death 
sentences or, in cases where the procedures were seriously flawed, offer a 
retrial that fully complies with international fair trial standards and which 
does not resort to the death penalty.

This letter is co-signed by the following organizations:

Amnesty International

Elsam (Institute for Policy Research and Advocacy)

HRWG (Human Rights Working Group)

ICJR (Institute for Criminal Justice Reform)

Imparsial (the Indonesian Human Rights Monitor)

KontraS (the Commission for the Disappeared and Victims of Violence)

LBH Masyarakarat (Community Legal Aid Institute)

Migrant Care

PKNI (Indonesian Drug User Network)

YLBHI (Indonesia Legal Aid Foundation)

(source: coconuts.co)






ZIMBABWE:

Traditional leaders call for abolition of death penalty


Traditional Chiefs from Mashonaland Central and East Monday endorsed the 
abolition of the death pnealty in Zimbabwe, arguing that their ancestors never 
practiced the "cruel and inhumane practice."

The development ciomes at a time when prisones on death row, some for up to 20 
yeasrs, never approached the Constitutional Court seeking to have their 
sentences commuted to life.

The inmates are being represented by top Harare lawyer and opposition 
politician Tendai Biti.

Speaking during the workshop hosted by Zimbabwe Association for Crime 
Prevention and Rehabilitation of the Offender (ZACRO) in Harare, Chiefs Council 
President Fortune Charumbira said cultural perspectives were crucial in 
considering the abolition of the death penalty.

Out of the 45 Chiefs who attended the workshop, 34 voted for the abolition of 
the death penalty, 7 voting for it to stay, while 4 abstained in the 1st round 
of voting.

The 2nd round of voting produced new results with 42 Chiefs saying 'yes' whilst 
only 2 said "no".1 Chief was still undecided.

Chief Bepura said Zimbabwean traditional culture has never allowed the death 
penalty, arguing that the issue of avenging spirit (Ngozi) has used so that the 
aggrieved family can be appeased.

Goromonzi's Chief Chikwaka weighed in saying the death penalty was brought in 
by the whites.

Chief Musarurwa added: "You can kill the murderer but you cannot kill murder," 
adding killing of an offender is the result of ignorance as there are other 
means of solving the issue.

Currently, 117 persons are on death row but the government has failed to employ 
a hangman.

Amnesty International Roseline Muzerengi said the death penalty is not in line 
with Zimbabwean culture.

"An eye for an eye makes the world blind and killing a murder convict is 
irreversible if mistakes are incurred during trial," Muzerengi lamented.

Moerecountries are moving towards abolishing capital punishment and Zimbabwe's 
civic organisations, supported by Vice President Emmerson Mnangagwa have been 
lobbying the government for the abolition of the capital punishment.

(source: New Zimbabwe)






NIGERIA:

Legislator advocates death penalty, amputation for treasury looters


Irked by the high level of corruption in the country, the Minority Leader and 
member, House of Representatives, Chikun/Kajuru federal constituency of Kaduna 
State, Umar Yakubu Barde, has advocated for capital punishment for those found 
guilty of looting the treasury.

In the interim, the Peoples Democratic Party (PDP) legislator urged the Federal 
Government to immediately sponsor a law to be included in the country's legal 
statute for the amputation of the hands of those who looted public funds.

He said those who stole in millions of naira should have their hands amputated, 
while those who looted billions of naira should be hanged until certified dead.

Speaking yesterday at a press conference with Kaduna State chapter of 
correspondents chapel of Nigeria Union of Journalists (NUJ), Barde said that 
some members of the lower chamber who agree with his view are already looking 
at the prospect of implementing such law.

The lawmaker called for special courts rather than the conventional court to 
try and sentence looters of public money.

Barde said: "I am a believer of the fact that people should be punished for 
whatever offence they commit. And I am also of the belief that punishment 
should also be segregated according to the offence. At least, your punishment 
should be commensurate with what you have done."

"For me, if you ask me, if someone steals from N1 million to N100 million, they 
should cut his hand. Yes, there is nothing wrong with that, so that when we see 
him, we will know yes, he stole. And those who steal from billions upward 
should be hanged and their property confiscated.

"You can imagine this issue of arms deal. If you know this money is meant for 
the procurement of arms, weapons, my brothers and sisters here, if you have a 
brother in the army, he is sent to the war front and because his weapons are 
archaic and he is killed.

Do you now want to have sympathy for someone who knows that the money was meant 
for arms and he pocketed it? It is so painful, we have lost loved ones." The 
legislator continued: "If I am a judge and such a person is brought before me, 
I will seize his property and make sure he is also killed. Because he is 
responsible the blood of the people killed in the war front.

(soruce: The Guardian)