[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Jan. 21





NIGERIA:

Ondo High Court Sentences Prof. Ilemobade's Killer Aides To Death By Hanging


An Ondo State High Court in Akure has sentenced 2 domestic staff members of 
late Prof. Albert Ilemobade a former Vice-Chancellor of the University of 
Technology (FUTA) to death by hanging for killing the professor.

The 2 killers, Olayemi Bamitale, a former driver, and Ita Enang, a night guard, 
confessed to killing the former university don in cold-blood at his private 
residence in Ijapo Estate, Akure, the Ondo State capital.

A SaharaReporters correspondent who was at the trial venue reports that Justice 
Olamide Williams sentenced the 2 staff members to death after finding them 
guilty of murdering their boss.

(source: Sahara Reporters)






INDONESIA:

Indonesia's death penalty lying in wait


Indonesia's attorney-general has the funds and the will to wield the death 
penalty again, even though last year's record 14 executions failed to dent drug 
crimes as promised.

On January 18 last year, 6 drugs prisoners were sent to firing squads; all but 
one of them was a foreigner.

There would be more international condemnation when another 8 people were 
executed in April, including Australians Andrew Chan and Myuran Sukumaran.

Despite the diplomatic blowback, Indonesia is yet to retreat from the death 
penalty.

No plans are in place and officially, Jakarta says its focus is on improving 
economic conditions.

But the attorney-general's office has the budget to execute 14 prisoners in 
2016.

HM Prasetyo on Wednesday told lawmakers there's no connection between 
executions and the economy.

According to reports, he admitted drug crime was still rising, and that was 
reason to push ahead with the "shock therapy" approach.

"I'm confident that the death penalty is a kind of therapy," he said, as 
reported by The Jakarta Post. "It is an unpleasant action, but we must do it."

Haris Azhar of rights group KontraS says it's clear there has been no deterrent 
effect.

President Joko Widodo, he says, is saddled with a failed policy that remains 
popular with constituents.

"In 2015 we saw a period where the new government was laying down its 
authority," he said.

"This year, and into the future, there's no guarantee that when the 
government's popularity is down again, it wouldn't be used for grabbing public 
support."

Migrant Care's Anis Hidayah says Indonesia will need a long road map towards 
abolishing the death penalty, with a moratorium as the 1st step.

The organisation that assists Indonesian workers in trouble abroad argues 
Indonesia lacks "moral legitimacy" to save their lives when it practises the 
same policy.

"Our demand is the same, whether it's to Saudi Arabia or to our own 
government," she said.

News of Jakarta's preparations have horrified prisoners on death row, who 
include Mary Jane Veloso.

The Filipino single mum was prepared for the firing squad alongside Sukumaran 
and Chan, but was given a last-minute reprieve pending the trial of the couple 
accused of setting her up as an unwitting drug mule.

Veloso's family last week visited her in prison for the 1st time since that 
emotional night.

Lawyer Edre Olalia trusts the Indonesian authorities will wait for the legal 
process, saying, "an honourable government will fulfil an honourable 
commitment".

While publicity around Veloso's case may yet save her from the death penalty, 
the misfortune and corruption that lands others on death row never comes to 
light.

The Institute for Criminal Justice Reform (ICJR) raises the case of Zainal 
Abidin, an Indonesian executed with Sukumaran and Chan.

His chance for appeal vanished - literally - when the paperwork went missing 
for 10 years.

The ICJR points out also that groups are still challenging the president's 
ability to reject clemency without actually reviewing the individual's case.

None of this seems to impress those who still see capital punishment as the 
solution to a "drugs emergency".

National Narcotics Board (BNN) spokesman Slamet Pribadi says in his opinion, 
the next 14 prisoners should be executed "as soon as possible".

He says 33 Indonesians die every day as a result of illicit drugs - a revision 
of the 40-50 figure used by the president to justify the policy.

"Human rights, this is for those western people to know, for those who are 
against death penalty, human rights does not only apply to the criminal 
perpetrators," he said.

"What about the human rights of victims?"

(source: NT News)

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

Death penalty still needed: Attorney General


Indonesia's attorney general insists that death penalties must be maintained in 
the country's judicial system as a shock therapy against serious crime.

"I'm confident that the death penalty is a kind of therapy. It is an unpleasant 
action, but we must do it," said Attorney General HM Prasetyo in a working 
meeting with the House Commission III overseeing law and human rights, on 
Wednesday evening.

The statement came in response to a question raised by a Commission III member 
from the Democratic Party, Ruhut Sitompul, who asked about the spirit behind 
the death penalty in Indonesia.

In November 2015, the government suspended executions of death row convicts 
amid an economic slowdown. At that time, the government wanted to focus on 
improving the economy, which was expanding at a slow pace of 4.73 % in the 3rd 
quarter of 2015.

"The death penalty has no connection with the economy," Prasetyo said, adding 
that the reactions of foreign countries about the issue are excessive.

Foreign countries and human rights groups have slammed Indonesia for 
implementing capital punishment against convicts, as stipulated in the Criminal 
Code (KUHP). President Joko "Jokowi" Widodo had 2 groups of convicts, totaling 
14 people, executed in January and April 2015.

2 of the convicts were Australian drug smugglers Andrew Chan and Myuran 
Sukumaran, who were executed in April 2015, causing bilateral tension and 
leading to Australia recalling its ambassador from Indonesia.

"We need a similar policy to fight drug crimes," Prasetyo said, adding that 
Commission III should issue a statement to put to death some convicts who 
already on death row.

(source: thejakartapost.com)






THAILAND:

Defence gets extension to appeal Koh Tao death penalties


2 Myanmar men sentenced to death in Thailand for murder have been given a 
momentary reprieve: The court yesterday allotted an extra month for their 
appeal. The defence team applied for and was granted the extension just four 
days before the initial court deadline.

The lawyers said they have assembled over 100 points to contest in the appeal, 
which will seek to overturn the death penalty verdict handed down to Ko Zaw Lin 
and Ko Wai Phyo. On December 24, Thai courts found the Rakhine State natives 
guilty of murdering 2 British backpackers last year on the resort island Koh 
Tao.

Much of the case rests on hotly contested DNA evidence. The defence team has 
been working with Australian DNA expert Jane Taupin to question the 
prosecutors' claim that forensic samples lead to a 100 % match with the 
defendants. In their ruling, the judges cite the claim as creditable, and added 
that the methods used to analyse the DNA evidence met international standards.

Ms Taupin told the Bangkok Post earlier this month that the DNA testing was 
fraught with serious doubts. She said the 100pc guarantee boasted by the 
prosecutors cannot technically be made, especially since DNA matches are not 
about certainty but a sliding probability scale. DNA profiling alone should not 
form the basis of a criminal conviction, she said.

According to the Migrant Worker Rights Network, which has been assisting the 
defence, the team has pored over nearly 4000 pages of court records, and has 
assembled an extensive list of appeal points. The extra time will be used to 
coordinate with Ms Taupin about the DNA evidence, U Sein Htay, chair of the 
MWRN, said.

"The trial and sentence revolved around these DNA results which were not 
handled according to international norms," he said. "Additionally, police 
reported at the trial that not all DNA results were tested. We have to appeal 
these points."

During the trial, which began last July, defence lawyers sought to draw 
attention to inconsistencies in the police work, including not sealing off the 
crime scene, and not following all potential leads. The defence maintains the 2 
Myanmar men were tortured into making false confessions.

The death sentence sparked outrage in Myanmar, where even Commander-in-Chief 
Senior General Min Aung Hlaing weighed in, suggesting his Thai counterparts 
should "take another look". Protests led by nationalist monks have been 
scheduled every Sunday, with the demonstrators vowing to continue until the 
verdict is overturned.

At the beginning of the month, President U Thein Sein assigned a cast of 
Myanmar lawyers to observe the case and report to the embassy. The delegation, 
made up of members of the Myanmar's Lawyers Council, met with Ko Zaw Lin and Ko 
Wai Phyo in prison.

"The group will try their best to assist the appeal and report observations 
about the forensic data collection process," said a senior official from the 
President's Office.

(source: Myanmar Times)






MALDIVES:

Maldives minor on death row asks court to recall witnesses


1 of the 2 minors sentenced to death over the murder of Abdul Muheeth in 2012 
has asked the High Court to recall witnesses.

Muheeth was murdered at an alley in front of the Finance Ministry in February, 
2012.

The State had charged 3 minors with 1st degree murder which had been denied by 
the accused. The 3rd minor was acquitted of the charges over a lack of 
evidence.

The 2 were convicted based on witness statements, phone call recordings and 
CCTV footage.

All 26 heirs of the victim had asked the court for the death penalty.

The death sentence for the 2 is the 1st in the history of the Juvenile Court.

Both the minors had appealed the sentence and the High Court had held a hearing 
of one of them.

During the hearing on Thursday, the defence lawyer Husnu Suood argued that 
there were not enough evidence to prove that his client had stabbed Muheeth in 
the chest.

Suood insisted that there were irregularities in the statements of prosecution 
witnesses.

The court asked the defence to submit the questions for the witnesses for 
review.

In response, the state insisted that the irregularities in the testimonies were 
not enough to affect the lower court verdict.

Meanwhile, the State has also filed charges at the criminal court against Ali 
Mushahfau of Sultan Villa Seenu Atoll Maradhoo, Muhujath Ahmed Naasih of 
Abulagee Ge, Gaaf Dhaal Atoll Gahdhoo and Mohamed Maimoon of Zaithoonige, 
Lhaviyani Naifaru, for the murder of Muheeth.

The trial at the Criminal Court is still ongoing.

(source: Haveeru Online)



SAUDI ARABIA:

Return Sheikh Nimr al-Nimr's Body to his Family (UA 271/14) | Amnesty 
International USA

http://www.amnestyusa.org/get-involved/take-action-now/saudi-arabia-return-sheikh-nimr-al-nimr-s-body-to-his-family-ua-27114

(source: Amnesty International USA)






KUWAIT:

Death Penalty in Flawed Trials----Reverse Sentences, Investigate Ill-treatment 
Allegations


Kuwait's 1st instance criminal court sentenced 2 men to death on January 12, 
2016, after a flawed trial. The authorities should drop the death penalty 
charges on appeal.

The court convicted Hassan Hajiya, a Kuwaiti national, and Abdulreda Dhaqany, 
an Iranian national, of spying for Iran and Hezbollah, in both cases without 
adequate legal representation.

"Issuing a death penalty sentence, especially after flawed proceedings, is a 
terrible way for the Kuwaiti authorities to begin 2016," said Joe Stork, deputy 
Middle East director. "The authorities should commute the executions 
immediately and reinstate the moratorium that had been in place from 2007 to 
2013."

Hajiya's lawyer, Khaled al-Shatti, said that his client was held and 
interrogated on an almost daily basis from August 13 to September 1, 2015, by 
Homeland Security, the Interior Ministry body focused on internal terrorist 
threats, and the state's prosecution authorities, without any access to legal 
representation. His lawyer sought access to the interrogations but, al-Shatti 
said, the attorney general denied him and all of the other lawyers of the 24 
other defendants who faced similar charges access to their clients.

Al-Shatti finally was able to represent his client before a judge in a "renewal 
hearing" on September 2, when the prosecution requested an extension of a 
10-day pretrial detention period to continue investigations, which the judge 
granted. Substantive trial proceedings began on September 15, with lawyers 
present, and the court held 11 hearings before sentencing Hajiya to death.

Dhaqany was not arrested, nor was he represented by a lawyer before 3 judges in 
Kuwait's 1st instance criminal court sentenced him to death in absentia on 
January 12. He is currently outside the country.

International law does not prohibit trial in absentia, but holds that it is an 
inadequate substitute for the normal trial process, where an accused is present 
to face his accusers. Courts trying defendants in absentia should institute 
procedural safeguards to ensure the defendants' basic rights, such as notifying 
them in advance of the proceedings, their right to representation in their 
absence, and affirming their right to a retrial on the merits of the conviction 
following their return to the jurisdiction.

State prosecutors brought charges of espionage and possession of arms without a 
license against 26 people in all, many of whom alleged abuse during the 
interrogation period. Judges found 24 people guilty of possessing arms without 
a license and 18 among them for spying.

One of those sentenced, Zuhair al-Mahmeed, in a note to one of the first 
instance judges during proceedings, alleged that during interrogations, 
officers from Homeland Security had beaten him in his head, neck, back, and 
face; kicked his legs; gave him electric shocks; made him stand for hours; and 
deprived him of sleep for 6 days. He also alleged that they threatened to strip 
off his clothes, hang him by his feet, mistreat other members of his family, 
and confiscate his and their citizenship.

A forensics report issued on August 23, reviewed by Human Rights Watch, found 
that three suspects, not including Hajiya and Dhaqany, had abrasions to their 
wrists caused by metal shackles and had varying degrees of bruising and 
abrasions to different parts of their bodies caused by a solid object. A 4th 
suspect had bruising to the base and back of his right-hand index finger.

Another forensics report issued on September 20, about 45 days after suspects 
alleged they were abused, found that five suspects showed signs of abrasions 
from shackles applied at various times to their wrists, and 3 showed signs that 
their ankles had been shackled earlier during their detention. The judge did 
not open investigations into any of the torture allegations.

Judges cleared al-Mahmeed of all spying charges and sentenced him to 5 years in 
prison for the possession of weapons without a license.

After a de facto moratorium on the death penalty since 2007, Kuwaiti 
authorities executed 5 people in 2013. In September 2015, a court sentenced 7 
people to death in relation to the Shia Imam Sadiq Mosque bombing in June. On 
December 13, the appeals court upheld the death penalty for 1 of them and 
commuted the other sentences. Al-Shatti hopes to appeal Hajiya's death sentence 
within the next 3 weeks.

Human Rights Watch opposes the death penalty in all circumstances as an 
inherently irreversible, inhumane punishment. A majority of countries in the 
world have abolished the practice. On December 18, 2007, the United Nations 
General Assembly passed a resolution by a wide margin calling for a worldwide 
moratorium on executions. The UN Human Rights Committee has said that,"In cases 
of trials leading to the imposition of the death penalty scrupulous respect of 
the guarantees of fair trial is particularly important."

(source: Human Rights Watch)