[Deathpenalty] death penalty news----worldwide
Rick Halperin
rhalperi at smu.edu
Sat Jun 18 08:37:38 CDT 2016
June 18
BANGLADESH:
Family meets Quasem at Kashimpur jail
Family members of condemned war crimes convict Jamaat leader Mir Quasem Ali met
with him at Kashimpur jail in Gazipur this afternoon.
9 family members including his wife, son and daughter-in-law reached the jail
gate around 12:45pm and left after an hour, said Subrata Kumar Bala, jail super
of Kashimpur jail, told our Gazipur correspondent.
It was part of a regular meeting, the SP said.
The International Crimes Tribunal on June 6 issued a death warrant for Quasem
Ali hours after the Supreme Court released the full text of its verdict
upholding his death penalty.
On November 2, 2014, the ICT-2 handed down capital punishment to 63-year-old
Quasem, chief of Chittagong Al-Badr Bahini, for committing crimes against
humanity during the 1971 Liberation War.
Quasem is the 5th Jamaat leader to have got the death penalty for playing a
notorious role in 1971.
The tribunal sentenced him to death on 2 charges and different jail terms on
eight other charges. He later challenged the verdict at the apex court.
On March 8 this year, the SC upheld his death penalty for 1 charge -- the
brutal torture and killing of young freedom fighter Jasim.
His conviction and punishment on 6 other charges were upheld by the 5-member SC
bench headed by Chief Justice Surendra Kumar Sinha.
(source: The Daily Star)
MALAWI:
Malawi maintains that it will not impose death penalty for fear of human rights
institutions
Malawi government has disclosed that it will not implement the death sentence
in fear of humiliation by international human rights institutions that include
the Amnesty International which is also in the forefront against the killing of
people with albinism.
The development comes at a time when some stakeholders are calling for the
maximum sentence to people found guilty of murder in the country.
The stakeholders argue that death sentence can help in putting down barbaric
acts of killing people with albinism in the country
But government spokesperson Patricia Kaliati said Malawi has its signature on
various human rights instruments that forbids death penalty.
Kaliati added the country wants to put itself away from criminal cases even
though some citizens think death penalty will help stop the killings of people
with albinism in Malawi.
One of the advocates for death sentence is Paramount Chief Lundu who said the
maximum sentence will help in bringing peace to people with albinism in the
country.
Meanwhile, Mulanje South Member of Parliament Elias Bon Kalindo is set to
parade in his birthday suit to force government to have death sentence being
practical in Malawi.
The nude parade has been scheduled to take place on June 23 in the capital
Lilongwe to force lawmakers to reinstate death sentence.
(source: malawi24.com)
****************
An eye for an eye: a case for death penalty for albino-killers
Granted, the 21st century world is essentially an era of the triumph of human
rights. Ostensibly dancing to the tune of this era, there have been calls for
the abolishment of death penalty. Proponents of death penalty have always
argued that killing a human being as punishment is primitive, barbaric, and
costly.
Without doubt, the calls for the abolishment of death penalty are and continue
to be persuasive. And, true to that, a good number of people have been
persuaded to this fold. However, the recent spate of albino-butchering has
changed the penal terrain and has weakened the anti-death penalty calls. It is
for this reason that calls for the death penalty on albino-killers are
justifiable. And here is why.
Killing albino-killers clears society of albino-killers
Elsewhere people have justified death penalty on the basis of deterrence.
However, research has shown that death penalty does not sufficiently deter
people from committing the offence. Whether death penalty sufficiently deters
offenders or not is a problem for another day, the simple truth remains that
when you kill the killers the society becomes clear of killers.
It is an elementary fact of the social contract that people come together and
form a society to run away from the brutal, cruel, and barbaric natural state
of life. Society loses its meaning if people can experience the same brutality,
cruelty, and barbarism life as happened in the state of nature. What will
remain of a society if, after sacrificing some of their individual rights in
exchange for security, all the people get is insecurity?
Again, it is a measure of a civilized nation that its citizens are accorded the
fullest security. A nation is backward if its citizens live in perpetual
insecurity. And the best guarantee of security is the meting out of punishment
in full force to offenders. And this means, in case of the killing of albinos,
giving death penalty.
Killing albino-killers avenges victims' death
Call it backward or what have you, it does make sense that the gap created by
losing a family member in the calculated circumstances characteristic of the
albino-killings will, to a certain satisfactory level, be filled by killing the
killer.
The justification here being that the loss of a relative in such barbaric
circumstances causes too much grief and resentment and the same can be
suppressed if the perpetrator gets the death penalty. It should be emphasized
here that punishment loses its touch if the offender of such grievous offences
as slicing a fellow human being goes to prison and comes to see the light of
day.
Killing albino-killers shrinks peoples' eagerness for mob justice
Call ourselves lucky to this moment that we have not heard of a mob justice on
albino-killers. This is the case perhaps because no one has been caught in the
act of killing an albino. Such mob justice will not be surprising given the
fact that people are more than willing to kill suspected thieves.
Furthermore, people are not currently taking the law into their hands probably
because they are pursuing the let's-wait-and-see attitude - that is, waiting to
see the government's response. They may decide to act in the way they know best
if they will not like the action taken by government. And it can only be
speculated here that the people would not administer mob justice if they see
government mete out death penalty to albino-killers.
This therefore means that the passing of death penalty to albino-killers will
be in line with the human rights dispensation. This will be the case because,
unlike mob justice, the suspected albino-killers will be allowed to exercise
their right to legal representation and all the legal safeguards accorded to an
accused person.
Killing albino-killers lifts the moral torture of feeding killers
Imagine. That albino family member of yours was killed, say, last month. You
have grieved enough and things are seemingly returning to normal. And now you
are buying your usuals - sugar, soap, matches, lotion, salt etc. - and tax is
deducted. That tax forms the subvention to prisons which is used to buy food
for prisoners including that prisoner who murdered your family member. Now
imagine the psychological and moral torture you have to endure upon that
realization!
Honestly, you do not have to suffer that way and endure all that. That
psychological and moral torture gets lifted the moment the death penalty is
pronounced. It can thus be seen here that death penalty has the added advantage
of lifting the moral burden of feeding killers.
Albino-killers have no rights because they are not human beings
It is common knowledge in the human rights world that human rights are
entitlements for human beings only. Accepted, a human being in an imperfect
being; he can steal, stab, mob, or even kill. However, in doing all these bad
things, a human being is guided by some residual sense of humanness. A human
being who maims a fellow human being loses his sense of humanness and
automatically seizes to be human. Albino-killers maim albinos and are thus not
human beings.
Albino-killers chop the bodies of albinos into parts. In all conscience, such
people cannot claim to have rights. Defending such people is not only
preposterous, it is also outright wicked.
The foregoing may be outlandish. It may also be unthinkable or backward. That's
your take and this is a free world. But for some of us, the above case is
progressive. For many of us are tired with the prevailing mentality on albino
killing which, in all fairness, appears to take the side of the offender rather
than that of the victim. So, next time you argue that albino-killers have a
right to life, think about the victims whose lives they needlessly and
mercilessly take away.
Malawi has not abolished the death penalty; it is there in our laws. So do the
needful courts, implement it. When you think about exodus 21:24 and look at
punishments our good courts mete out to albino-killers you cannot help but ask:
"Are our courts really serious?" Judge Madise's recent life imprisonment
judgment starts the journey; let's hope the entire justice machinery will join.
But hey, no offence intended our courts, this is only a case for death penalty
for albino-killers! (source: Henry Chizimba, maravipost.com)
JAPAN:
Head of Japan lawyers' group criticizes media for naming ex-minor sentenced to
death
The head of the Japan Federation of Bar Associations on Friday criticized news
organizations that reported the name of a man sentenced to death for a double
murder committed when he was a juvenile.
"It is regrettable that the news reports violated the juvenile law, which bans
publishing articles and photographs that could identify a juvenile delinquent,"
Kazuhiro Nakamoto, president of the federation, said in a statement.
The statement was issued after the Supreme Court upheld lower court rulings
that sentenced to death the man who was 18 when he killed 2 women and seriously
injured a man in 2010.
Major newspapers including the Asahi Shimbun, Yomiuri Shimbun and Nikkei daily,
as well as Kyodo News published the man's name on the grounds that the
opportunity for rehabilitation ends when a death penalty is finalized, and the
name of a person to be executed by the state should not be kept confidential.
Some other major newspapers, including the Mainichi and the Tokyo Shimbun,
reported the Supreme Court decision without revealing the name of the man to be
executed, saying the chance for his rehabilitation remains due to the
possibility of amnesty or retrial.
The Japan Times has also chosen to name the man in its reporting.
Nakamoto said the dignity and the constitutionally-guaranteed right to the
pursuit of happiness of a minor are not terminated with the finalization of a
death sentence.
"While it is needless to say that constitutionally-guaranteed freedom of
expression is important and it is necessary to report the details of a crime in
order to prevent the recurrence of similar incidents, it cannot be said the
real name and photo of a minor are indispensable factors for news reports," he
said.
(source: The Japan Times)
CHINA:
Mother's Fight to Exonerate Executed Son Highlights Gaping Holes in Justice
System ---- "Invisible forces" in police have delayed a retrial for Nie Shubin
after fresh evidence, suggesting his innocence, emerged, says former journalist
More than 2 decades after a young man in the northern province of Hebei was
executed for the alleged rape and murder of a woman, his mother is anxiously
awaiting a retrial to clear his name.
Zhang Huanzhi's only son, Nie Shubin, was executed in 1995 - when he was 20 -
for raping and killing a woman in a cornfield near Shijiazhuang, the provincial
capital. A decade later, another man arrested for a separate crime, confessed
to the murder.
Zhang had fought for years after this fresh evidence emerged to exonerate her
son, but she kept on hitting a wall. The case is back in the public spotlight
after the country's highest court, the Supreme People's Court, on June 6
ordered a court in the eastern province of Shandong to review the 1995 ruling,
saying evidence that lead to his death sentence were "unreliable and
incomplete."
Zhang's dogged pursuit, lodging repeated appeals at courts in her home province
Hebei and in Beijing, has helped turn Nie's case into an example of the flaws
in the Chinese criminal justice system, including the use of torture, lack of
due process and lax review of death sentences.
But Nie's is not the only incident of a possible miscarriage of justice
reported in recent years. In February, a man from the eastern province of
Zhejiang, Chen Man, convicted of arson and murder, was allowed to walk free
after languishing in prison for 23 years when his sentence was overturned due
to lack of evidence.
In late 2014, a court in Inner Mongolia said an 18-year-old killed by firing
squad in 1996 for alleged rape and murder, was innocent. The Inner Mongolia
Higher People's Court said the defendant, Huugjilt, was wrongfully convicted
after being tortured into making a confession.
Nie's case had also galvanized the legal community, media and the public to
scrutinize the gaping holes in the country's justice system. "There is no doubt
Nie will be exonerated soon," said Ma Yulong, a former reporter at Dahe Daily,
a newspaper in the central province of Henan, who has followed Nie's case
starting in 2005.
Nie's retrial can help in some measure to restore public faith in China's legal
system, said Li Shuting, the lawyer representing his family.
Quest for Justice
The Shandong High Court in-charge of reviewing the case said the evidence on
which the original verdict was based was incomplete because many questions have
gone unanswered, such as the exact time the crime was committed and the weapon
used for the murder. However, the court has not announced a date for a retrial.
Nie was sentenced for premeditated rape and murder on March 15, 1995 by the
intermediate court in Shijiazhuang, after a closed-door trial, state media
reports show. He was executed a month later.
In 2005, another suspect named Wang Shujin, arrested for a similar crime,
confessed to raping and killing several women, one of whom turned out to be the
victim in Nie's case. Ma was the 1st to break the news, which attracted wide
public attention to the case.
After this fresh evidence emerged, Liu Jinguo, the head of the party's
provincial Political and Legal Affairs Committee at the time, who oversaw the
security and legal systems in Hebei, set up a special team to reopen Nie's case
and ordered the results to be published within one month, Ma told Caixin on
June 14.
Liu's order gave Nie's family a glimmer of hope, but it vanished quickly. The
investigation stalled when Liu was promoted shortly afterwards to vice minister
of public security in Beijing, said Ma.
>From then on, Zhang Huanzhi has made countless trips to courts in Hebei and
Beijing, to appeal her son's case, but she was turned down by officials who
said her documents were incomplete.
It wasn't until July 2007, when the Supreme Court in Beijing accepted Zhang's
appeal and ordered the Hebei High Court to review the case.
But this court never carried out the review. "We tried every means possible to
get a retrial, but they were all in vain," said Li.
In March 2007, the other suspect, Wang, received the death penalty for 4 counts
of murder and rape. But this did not include the victim in Nie's case, although
Wang admitted to the crime. In a twist of fate, Wang even appealed his verdict
and insisted that he had killed the woman Nie was charged with murdering. But
his appeal was turned down by the Hebei court in 2013.
Wang is now on death row, waiting for the Supreme Court to review his sentence,
but the process has been delayed due to his connection to Nie's case, Li said.
Ma said he had learned from sources in the Hebei public security system that
officials had tortured Wang, forcing him to recant his confession connected to
the 1994 murder in Shijiazhuang before the 2nd trial.
There are "invisible" forces in Hebei's police and legal system that have
resisted the reopening of Nie's case, said Ma.
Fresh Hope
In December 2014, the Supreme Court ordered a high court in another province
Shandong to re-examine the files of Nie's case. The Supreme Court's June
decision for a retrial, which comes after four delays, had rekindled the
family's hopes to have Nie exonerated.
Li told Caixin that there were many holes in the evidence presented including
Nie's testimony, the murder weapon used and even the exact date of his
execution. He has been collecting evidence that show Nie was tortured while in
custody and highlight deficiencies in due process when handling the case.
The case "is obviously a wrongful conviction with little complexity, but it has
taken more than ten years to get a retrial due to delays by officials in
Hebei," said Li.
Police offices' over reliance on harsh interrogation techniques to elicit
confessions from suspects in criminal investigation cases have led to many
wrongful convictions, said Li. Some investigators and officials rush to close a
case to secure bonuses and promotion, he said.
Fundamentally, "the lack of independence of the judicial system had led to the
miscarriage of justice," said the former journalist Ma. "Without further legal
reform, there will be other cases like this in future."
(source: caixin.com)
IRAN----executions
At Least 3 Prisoners Hanged at Bandar Abbas Central Prison on Drug Charges
At least 3 prisoners with drug related charges were reportedly hanged at Bandar
Abbas Central Prison (in the Hormozgan province, southern Iran) on the morning
of Thursday June 16. The official Iranian state-run news agency, Borna, has
published the identities of the prisoners as: A.Z., Gh.A., and B.A.
The human rights news agency, HRANA, published a similar report, but listed the
number of prisoners executed at Bandar Abbas Central Prison on June 16 as at
least 4.
(source: Iran Human Rights)
EGYPT:
Mursi sentenced to 40 years in Qatar spy case----Court upholds death sentences
against 6 other defendants for supplying Qatar with classified state documents
under Mursi's rule
An Egyptian court on Saturday sentenced toppled Islamist president Mohammad
Mursi to a total of 40 years in prison after convicting him of jeopardising
national security by having passed classified state documents to Qatar when he
was in power.
The Cairo Criminal Court sentenced Mursi to life in prison - a verdict equal to
25 years in Egypt - and 15 more years on 2 separate counts in the case.
The verdict is the latest in a series of sentences against Mursi who is already
on death row.
2 ex-aides to Mursi were also given sentences of a total of 40 years in prison
each in the same case.
The court confirmed initial death sentences it passed last month against 6 more
defendants in the case after the verdicts had been ratified by the country's
top Islamic legal official, the Grand Mufti.
"The accused deserve the penalty of death because they put the nation in
danger," chief judge Mohammad Sherin quoted the mufti as saying in his advisory
opinion to the court.
"They obtained state secrets with the intention of divulging them to a foreign
country. Thus, they breached trust," the top Muslim cleric added, referring to
the convicts.
Egyptian law requires the mufti to sign off on death sentences. His opinion is
not binding, but is usually respected by courts.
All the rulings are subjected to appeal.
The leaked documents were pertaining to the Egyptian army, its armament and
concentrations, the chief judge added in a statement broadcast live on Egyptian
television.
The session was held at a makeshift courtroom in the Police Academy outside
Cairo.
Qatar is a staunch backer of Mursi's Muslim Brotherhood. Ties have soured
between Egypt and Qatar since the army's 2013 ouster of Mursi following massive
street protests against his 1-year rule. Hearings in this case, dubbed
"espionage with Qatar", opened in February 2015.
Mursi is already on death row after another court sentenced him to death last
year in a separate case related to orchestrating a big prison escape during the
2011 uprising that toppled longtime president Hosni Mubarak. Mursi was also
given a life sentence after being convicted of conspiring with foreign
organisations for the jailbreak.
The "Qatar spying" trial is one of several in which Mursi is charged with
multiple criminal charges. Mursi, a senior leader in the now-outlawed
Brotherhood, is being tried in another case related to insulting the judiciary.
The Islamist leader insists he remains the rightful president of Egypt.
(source: Gulf News)
***************
2 Al-Jazeera journalists given death penalty by Egyptian court
6 people, including 2 Al-Jazeera journalists, have been sentenced to death by
an Egyptian court for allegedly passing documents relating to national security
to Qatar and the Doha-based TV network during the rule of Mohammed Morsi.
The former Islamist president was also sentenced to 25 years in prison. He was
ousted by the military in July 2013 and has already been sentenced to death in
another case. Saturday's verdicts can be appealed.
The 2 Al-Jazeera employees - identified by the judge as news producer Alaa Omar
Mohammed and news editor Ibrahim Mohammed Hilal - were sentenced in absentia
along with Asmaa al-Khateib, who worked for Rasd, a media network widely
suspected of links to Morsi's Muslim Brotherhood.
The Brotherhood was banned and declared a terrorist group after Morsi was
ousted.
The 3 other defendants sentenced to death on Saturday are documentary producer
Ahmed Afify, EgyptAir cabin crew member Mohammed Keilany and academic Ahmed
Ismail.
Egypt's relations with Qatar have been fraught with tension since the overthrow
of Morsi, who enjoyed the support of the tiny but wealthy Gulf state. Cairo
also maintains that Al-Jazeera's news coverage of Egypt and elsewhere in the
Middle East is biased in favor of militant Islamic groups.
Last year, President Abdel-Fattah el-Sissi pardoned two imprisoned journalists
from the Al-Jazeera English news network.
Mohamed Fahmy, an Egyptian-born Canadian, and Egyptian Baher Mohamed were
arrested in December 2013. They were sentenced last year to 3 years in prison
for airing what a court described as "false news" and coverage biased in favour
of the Muslim Brotherhood.
The prosecution of the 2, along with Australian Peter Greste - deported in
February last year - drew strong international condemnation.
Their long-running trial was entangled from the start with the wider political
enmity between Egypt and Qatar.
(source: independent.ie)
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