[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

June 2



PHILIPPINES:

Int'l group of jurists tells Duterte, reinstating death penalty is a huge 
setback


An international organization of judges has written an open letter addressed to 
President-elect Rodrigo Duterte to express their concern over his plan to 
reinstate death penalty.

The International Commission of Jurists (ICJ) based in Geneva, Switzerland said 
the Philippines has obligations under an international law to prohibit the 
implementation of the death penalty, even calling it an example of global best 
practice on its abolition. The Philippines abolished death penalty in 2006.

"Reinstating capital punishment in the Philippines would constitute a huge 
setback not only for the promotion and protection of human rights in the 
country, but also for the Philippines internationally," a letter penned by ICJ 
Asia and the Pacific regional director Sam Zarifi stated.

"Reinstating the death penalty would contravene international commitments that 
the Philippines has voluntarily entered into," the group also said.

The ICJ said the country is the only ASEAN member-state that has ratified the 
2nd Optional Protocol to the International Covenant on Civil and Political 
Rights (ICCPR). Article 1 of the said document, obliges the Philippines not to 
execute any person within its jurisdiction.

The said protocol has no provision on renunciation. Also, a state may not 
withdraw from their obligations unless other member-states agree to the move.

"The resumption of executions in the Philippines would therefore constitute a 
violation of international law and represent an alarming disregard for the 
international human rights system," the letter added.

ICJ also pointed out that the Philippines will be placed at odds with the 
United Nations General Assembly and their repeated calls for the abolition of 
the death penalty.

No empirical evidence

Aside from pointing out the country's predicament if the death penalty is 
reintroduced, the group added that there is no empirical evidence that by crime 
is suppressed if criminals are killed.

In the letter, they asked Duterte to focus on evidence-based approaches to 
crime prevention.

"On the other hand, research indicates that improving crime detection and 
investigation, increasing the effectiveness and efficiency of the justice 
system, and addressing underlying causes, is far more likely to reduce serious 
crime," Zarifi wrote.

With this, ICJ tells Duterte that there are no benefits for the country if 
death penalty will be brought back.

"We therefore hope that, under your presidency, the same strength of leadership 
can be applied in maintaining the current prohibition of the death penalty, and 
instead preventing crime in a manner that conforms to international human 
rights law and standards," the group said in closing.

(source: gmanetwork.com


BANGLADESH:

Kishoreganj's Shamsuddin appeals against death penalty for 1971 war crimes


His lawyer Masud Rana filed the appeal at the Supreme Court on Thursday.

He told bdnews24.com: "Shamsuddin has sought acquittal, citing 28 reasons in 
the 475-page appeal."

The war crimes tribunal, on May 3, handed down the death sentence to four 
collaborators, including Shamsuddin of Kishoreganj, and imprisonment until 
death to another.

Among the convicts, Shamsuddin alone was present in the dock when the judgment 
was read out. The others are absconding.

Shamsuddin, his brother retired army captain Md Nasiruddin Ahmed, Razakar 
Commander Gazi Abdul Mannan and Hafiz Uddin were given the death penalty.

Ajharul Islam was sentenced to imprisonment until death.

(source: bdnews24.com)






PAKISTAN:

Pakistani teacher held over 'baseless' blasphemy claim


Muzaffargarh: A Muslim teacher in Pakistan could face the death penalty after 
being accused of blasphemy, sparking anger from school officials and activists 
who said the law is being abused to carry out personal vendettas.

Arabic teacher Gibreel Ahmed was arrested at a government school in southern 
Punjab province on May 14 after allegedly beating 2 brothers in the 6th grade 
for not coming to class on time.

The students' parents complained to the Government High School Gurmani in 
Muzaffargarh district, whose head told AFP the 40-year-old teacher had been 
suspended after an inquiry.

But 4 days after the original complaint, the parents went to police to accuse 
Ahmed of blasphemy, according to local authorities. The school said no mention 
of blasphemy had been made before the police complaint.

Blasphemy is a hugely sensitive issue in conservative Muslim Pakistan, where 
even unproven allegations can stir beatings and mob violence.

Rights groups have said the laws are routinely abused to seek vengeance.

Multan-based lawyer Shahbaz Ali Gurmani, who said he has spoken with the father 
of the accused, said this was one of those cases.

"The case of this Arabic teacher seems fake and lodged to take revenge from 
him," he told AFP.

"This is happening across Pakistan now, unfortunately, that wherever a 
blasphemy case is lodged there appears personal, social or political motive 
behind it in the most cases."

The school's headmaster agreed, saying that the initial complaint from the 
parents had made no mention of blasphemy.

(source: freepressjournal.in)

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

SC to take up hearing of military court convictions


The judicial reviews against the convictions of the military court has been 
clubbed for hearing and the Supreme Court of Pakistan will take up the cases in 
the 3rd week of June. The appeals will be taken up by a 5-judge larger bench, 
headed by Chief Justice of Pakistan (CJP) Anwar Zaheer Jamali.

So far 17 judicial reviews have been instituted in the country's top court 
challenging the death sentences awarded by military courts to different alleged 
terrorists mostly belonging to tribal areas.

The 17 petitioners include Bacha Laiqa, Anwar Bibi, Aliur Rehman, Nek Maro, 
Alaf Khan, Sakhi Muhammad, Sher Alam, Mashooqa Bibi, Javed Iqbal, Mohibullah, 
Fazal Ghaffar, Zarba Khela, Ajab Gul, Aqsan Mehboob, Khan Afsar Khan, Hafiz 
Muhammad Sadiq and Malik Muhammad Akram, who have challenged the convictions 
and military trials against their relatives.

Most of the judicial reviews against the sentences awarded by the military 
courts revolve around the grounds of denial of right of fair trial under 
Article-10A and coram-non-judice and malafidy.

Asma Jahangir, the country's top lawyer and human rights activist, is 
representing 6 petitioners out of the total 17. According to her most of those, 
convicted by military courts, were denied the right to a fair trial guaranteed 
by Article 10A of the Constitution since they were not handed over copies of 
the military court judgments, nor were given the opportunity of engaging a 
counsel to defend themselves.

The SC has already, through a verdict against a petition challenging the 
establishment of military court, declared that any order passed, decision taken 
or sentence awarded by the military courts would be subject to a judicial 
review by the high courts and the Supreme Court on the grounds of being coram 
non judice, without jurisdiction or suffering from mala fides, including malice 
in law.

A 3 judge bench headed by the CJP on Wednesday took up the petitions of three 
death row prisoners including Nasir Khan, Fateh Khan and Fazal Ghafar, wherein 
they challenged the penalty awarded by a military court.

Nasir Khan is alleged of affiliations with banned outfits in Swat. Similarly 
Fateh Khan is an alleged facilitator of Army Public School attackers. Likewise 
Fazal Ghaffar has been awarded a death sentence despite the fact that he 
surrendered before a law enforcement agency.

When the hearing started, Advocate Asma Jahangir appeared before the apex bench 
and informed that the counsels for petitioners looked into a 'highly 
confidential' record including military trial court proceedings at the office 
of the Attorney General of Pakistan.

She requested the court to allow her and other counsels of petitioners for 'pen 
and notebook' to note down the points in order to argue the case.

The apex bench ordered that all the decisions of military courts challenged in 
the SC be clubbed together and fixed for the 3rd week of June.

The top court also directed the deputy attorney general to submit a complete 
record of the proceedings of trial courts before the bench. The apex court also 
extended a stay on the execution of the above mentioned death row prisoners.

(source: Daily Times)






INDONESIA:

Indonesia's death penalty for some drug offences is no deterrant


The death penalty does nothing to hinder the drug trade, a leading Indonesian 
cleric has said.

Speaking after Indonesia's government announced the imminent execution of 15 
prisoners, Fr Paulus Christian Siswantoko, executive secretary of the 
Indonesian bishops' Justice and Peace commission, said, "the death penalty is 
not a deterrent to drug dealers. Many of them continue to work from behind 
bars".

Arguing that Indonesia's justice system condemns the innocent and does not 
guarantee the punishment of the guilty, the priest said there is "no valid data 
or information indicating that the death penalty has reduced or minimised the 
drug business in Indonesia".

Calling for the death penalty to be annulled, the priest said "the legal system 
in Indonesia is rotten. There are no guarantees that the defendants are the 
people who really should be condemned, because the legal and bureaucratic 
system is a chain of corruption".

To tackle what President Joko Widodo has called a "national emergency", 
Indonesia has among the world's strictest anti-drug laws, under which 66 people 
have been executed since 1979.

(source: irishcatholic.ie)



MALAWI:

Rights activist cautions Malawi parliament on death sentence


A renowned human rights activist has cautioned legislators against pressing 
President Peter Mutharika to send killers of people with albinism to the 
gallows, saying this is not the lasting solution to the problem.

Timothy Mtambo, executive director of Centre for Human Rights and 
Rehabilitation (CHRR) remarks follow Mulanje South MP Bon Kalindo who 
emotionally asked that the killers of people with albinism be sentenced to 
death and that they should indeed be executed.

"This cannot be a solution to the problem. The most important thing is to break 
the syndicate, find the markets, arrest the buyers," he said.

Mtambo said there was need for the state to increase the protection of each and 
every person with albinism.

Former president Kamuzu Banda was the only head of state who applied the death 
penalty.

Boniface Massa, chairman of Association of People with Albinism said there is 
no need to create new laws to deal with the abductions of people with albinism.

"This is not the time to create new laws. The existing laws can be applied to 
punish the perpetrators of the crime."

The country was shocked to learn the killing of 38 year old Fletcher Masina 
last week when he was hacked to death and had all his hands and legs chopped 
off.

He was the 18th person with albinism to be killed in 2 years.

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

MP Bon Kalindo hits back at rights activist Mtambo over death sentence for 
albino attackers


Mulanje South MP Bon Kalindo has dug himself in trenches on front line ready to 
fight human rights activists who do not want the government to invoke the death 
penalty, saying he will fight them until his last drop of blood.

Kalindo, sounding emotional and angry, said rights activist Timothy Mtambo and 
his colleagues should go and get back the petition they presented to parliament 
on the protection of people with albinism if they do not want to endorse death 
penalty for the killers of people with albinism.

"It is very surprising that Mr. Mtambo is defending the rights of the killers 
of people with albinism instead of defending the rights of the people with 
albinism. We, as parliamentarians, the representatives of the people, want to 
safeguard and protect the lives and rights of people with albinism," said 
Kalindo.

Kalindo's outbursts follow Mtambo's views that unleashing the death penalty on 
killers of the people with albinism would not solve the problem as any living 
person, whether a suspect or a convict, has a right to life according to the 
Republican Constitution.

The MP-cum-comedian threatened in parliament of unspecified action should the 
state fail to endorse death penalty for all those convicted of killing persons 
with albinism.

"We do not need science and chemistry to know that these killers should face 
death penalty. They should e killed, no question about it," he said.

Chairperson of Association of Persons with Albinism said existing laws would 
deal with the problem.

(source for both: nyasatimes.com)






GAZA:

Gaza executions: Calls for urgent moratorium on death penalty as 10 prisoners 
await execution by Hamas----3 men were executed on Tuesday, after Hamas 
announced that 13 prisoners were to be killed


Human rights groups are calling for an urgent moratorium on the death penalty 
in Gaza as 10 prisoners await execution by Hamas.

3 Palestinians who had been convicted of murder were put to death on Tuesday in 
the 1st use of the death penalty in the coastal enclave since a Hamas-Fatah 
unity government was formed in 2014.

Hamas defied an agreement with Fatah, the ruling party in the West Bank, by 
carrying out the executions without the approval of Palestinian President 
Mahmoud Abbas.

Gaza's interior ministry said 2 men were hanged and the 3rd was killed by 
firing squad in al-Katiba prison after the victims' families rejected the 
possibility of a last-minute pardon.

It came after Hamas announced the imminent execution of 13 prisoners who had 
been previously sentenced to death.

The United Nations condemned the executions and said there were "serious and 
widespread concerns" about unfair trials and possible violations of 
international law.

Rupert Colville, spokesperson for the High Commissioner for Human Rights, urged 
authorities in Gaza to halt future executions and to respect the rights of life 
and fair trial.

"We call on the Palestinian President to urgently establish a moratorium on the 
death penalty in line with the global trend, with a view to its abolition," he 
said.

Amnesty International said there were deep flaws in the Gaza Strip's justice 
system, including repots of the widespread use of torture.

James Lynch, the organisation's deputy director for the Middle East and North 
Africa, said: "The Hamas authorities must halt any further plans to carry out 
executions and immediately establish an official moratorium.

"The Hamas authorities have tried to justify these executions as a way to deter 
crime, but there is no credible evidence that the death penalty has a greater 
deterrent effect than prison terms."

A spokesperson for Fatah, Osama Qawasmi, said the executions without Mr Abbas' 
approval were "a crime, a clear violation of the law and a deepening of the 
split (between the West Bank and Gaza).

"It's a clear message from Hamas that it doesn't want national unity and it 
doesn't care about Palestinian law".

Hamas released statements hitting back at criticism from its rival party, 
saying the implementation of death penalties would "preserve security and 
stability" and that Fatah's statements aimed to "create a state of chaos and 
encourage crime".

"No one should be put to death, certainly not as part of a legal system in 
which torture and coercion are common," said Sari Bashi from Human Rights 
Watch.

The Palestinian Centre for Human Rights also joined the criticism, saying it 
had made representations to Hamas officials.

"PCHR is in full solidarity with the victims of murders in the Gaza Strip, 
however, it highlights that the aim of justice is not revenge but ensuring 
serenity and the rule of law," a statement said.

"This cannot be achieved unless by the strict application of the law and not 
violating it."

The Palestinian Shams human rights group said Hamas had committed "an 
extra-judicial execution, and a double crime" by failing to secure approval 
from President Abbas or the justice minister.

The Islamist group seized control of Gaza in 2007 and a unity deal drawn up 
with Fatah in 2014 was never implemented, leaving Hamas as the de-facto 
authority in the strip.

The last public executions in Gaza took place in 2014 during the war with 
Israel, when Hamas killed 23 Palestinians accused of collaborating with Israel, 
including a group of men shot dead outside a mosque by firing squad.

Hamas' military wing also executed 1 of its commanders "for behavioural and 
moral violations" in February.

(source: The Independent)