[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

March 1



SRI LANKA:

Death Penalty to Melga Estate Case Murderer, other 2 suspects declared innocent


The High Court of Chilaw handed Death Sentence yesterday to one of the three 
suspects of the assassination of the land lord of Melga Estate, Mudukatuwa, 
Chilaw.

The High Court Judge of Chilaw, Ravindra Amal Ranaraja ordered to declare the 
other 2 suspects innocent for no evidence against them were proved.

The land owner of Melga Estate was murdered by the criminal on 12th July 2008 
over a prolonged personal conflict between the watchman of the Estate and the 
murderer.

(source: Hiru News)






PAKISTAN:

Mumtaz Qadri & death penalty


What would make one celebrate death? Who would support a murder - the execution 
- at the hand of a state? A democratic state killing people in the name of 
justice would actually be making its entire population responsible for that 
execution by way of being of the people, for the people, by the people. So why 
did some of us feel excited when the news about the hanging of Mumtaz Qadri 
broke yesterday? A little complex it is.

That the death penalty is counter-productive or is a genuine deterrent has been 
a subject of intense discussion around the world, more so in Pakistan over last 
one year specifically. The general sentiment of the public going per media 
reports suggests there exists fairly massive support of the capital punishment 
among the people. This should be seen in the special circumstances Pakistan has 
been facing over especially last 2 decades. The dreadful attack and slaying of 
kids in Army School in 2014, subsequent terrorist attacks on worship places and 
educational institutions have added to the general public trauma and an 
insatiable urge for retribution.

The goriest of the sectarian attacks on people over last couple of decades have 
rendered them helpless enough to even approve of extrajudicial killings of the 
sectarian terrorists, mainly because they don???t find the justice system 
working. Because of this faulty, manipulative, selective and weak justice 
system, people have stopped trusting it to be dispensing justice. The rule of 
law being a far cry in these circumstances, has transformed itself into rule by 
law and at some points rule by twisting the law. Every state institution has 
done its part in the past to arm twist the system and the statute to its own 
advantage.

It however is ironic to see that the same judicial system people distrust so 
much, becomes the ultimate basis of their retributive rage when it comes to the 
death penalty. Those condemned by the same faulty and manipulative system, 
become the target of public rage. It was seen in the case of Shafqat Hussain's 
execution who was allegedly a juvenile at the time of the crime. Those who 
raised a voice against this execution were condemned to be 'foreign agents' who 
wanted to 'defame Pakistan' at the behest of western governments (the same 
western governments who normally fund our army for enhancing its arsenal). 
People are made to desire that the brutality be fixed by the state through more 
brutality and death. They are made to believe that retributive justice would 
act as deterrence to curb the crime. Studies are generated with skewed up 
numbers to prove that the decline in crime actually occurred, which happened 
because of the death penalty. Simple statistics without putting contest to them 
would be used to prove that point. For example, murder rate in the death 
penalty states of USA went down from 9.94 in 1991 to 4.72 in 2013. When read in 
isolation, it could easily produce the conclusion that death penalty might have 
actually been helpful in curbing the rate of murder. But when read alongside 
the rate of murder in non-death penalty states that went down from 9.27 in 1991 
to 3.88 in 2013, would certainly add more dimensions to the debate.

Deterrence, in short, is an argument largely flawed and twisted, which remains 
unproven to date. Life imprisonment, on the other hand, might be a bigger 
deterrent than the outright death, many death penalty scholars opine. The 
conservative Republicans and Tea Party supporters Richard Viguerie and Brent 
Bozellargue that the society may protect itself without putting a human to 
death as it would a wild animal. "Since we believe each person has a soul, and 
is capable of achieving salvation, life in prison is now an alternative to the 
death penalty."

A senior Attorney General and Public Prosecutor from Portugal, Antonio Cluny 
writes, "Nobody can assure that the death penalty can contribute to reduce the 
number of the most horrible crimes. In Portugal, we have - without the death 
penalty - one of the lowest statistics [rates] of violent crimes." So much for 
the deterrence!

Amnesty International (AI) in one of its reports on death penalty in Pakistan 
once concluded that the death penalty actually legitimizes an irreversible act 
of violence by the state and would inevitably claim innocent victims. Which is 
the case variously proven in Pakistan. Human justice being vulnerable to being 
fallible generates the risk of executing the innocent. Its irreversibility 
renders it a thoroughly measure and misplaced measure aimed mistakenly at 
curbing the crime. In Pakistan, if people knew that the death penalty is 
applicable on 27 odd crimes, not only murder, they would probably be less 
supportive of it. Retribution being another argument used by the pro-capital 
punishment community is also misplaced conclusion. As Camus and Dostoevsky once 
called retribution argument unfair because 'the anticipatory suffering of the 
criminal before execution would probably outweigh the anticipatory suffering of 
the victim of their crime'. Moreover, the long period spent in jail (mostly 
solitary confinement), before the actual execution while being sub-humanly and 
unjustly treated, could be a double punishment with little justification.

Furthermore, the judicial biases and prejudices (which might always not be mala 
fide and could be natural consequence of life experiences) alongside the 
socio-economic background of the accused, brings another dimension to the 
capital punishment debate. For the poor, merely lodging an FIR is an 
unimaginable ordeal and suffering let alone the entire litigation process. 
Little ability to hire qualified lawyer (and here in our system, the 
'qualification' doesn't merely mean academic and professional qualification. 
The more you are connected and having good relations with the Bench, the more 
qualified you are) put the poor at perpetual disadvantage.

Having said all of that, Mumtaz Qadri was none of the above. Yet he was 
everything that represents what is wrong with our society. Getting excited on 
his execution by those upholding the principle of right to life and against the 
capital punishment might not be an act of 'hypocrisy' and 'double standards' as 
was being suggested by those who have been advocating vociferously for the 
execution of Shafqat Hussain. Also, his execution alone cannot be celebrated as 
state's firm resolve to reinstate its lost writ. Here is why.

Hanging a man does not kill his idea. If the state does not come out and 
addresses a larger problem of challenging the rhetoric put forward by Mumtaz 
Qadri and his supporters, his state murder would remain an isolated act and 
misplaced judgment. Those protesting his execution and eulogizing him as a 
martyr would never realize he had committed a crime, which had to be punished. 
This requires measures much more than an execution.

Applauding this execution might not be because he stands killed. A silver 
lining that it so unmistakably felt rested more in the state posturing rather 
than the execution itself. The state positioned itself to spell out that an act 
of purported religious valor was certainly a crime in its eyes. Good. Silver 
lining yes. It is however sad that this spelling out was done through a death. 
Wonder there must have been better ways to do. Better, comprehensive and longer 
term. Let's see where this beginning takes us and how.

(source: Marvi Sirmed, Commentary; The writer is an Islamabad based freelance 
columnist----The Nation)

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

Tension high in Pakistan ahead of Islamist assassin's funeral


Tens of thousands of supporters of a Pakistani Islamist executed for gunning 
down a liberal governor gathered for his funeral on Tuesday, sparking fears of 
violence, as schools closed and police cordoned off flashpoints.

Main junctions and sensitive buildings in the capital Islamabad and the nearby 
garrison city of Rawalpindi were guarded by thousands of police, who also lined 
the route taken by Mumtaz Qadri's funeral procession.

An AFP reporter at the Liaquat Bagh ground, where the prayers were being held, 
estimated around 50,000 men had turned out by the afternoon.

A few hundred were seen carrying sticks as they shouted slogans including 
"Qadri, your blood will bring the revolution" and "The punishment for a 
blasphemer is beheading".

A UN official said all its staff had been sent home from various locations in 
the capital due to security fears, including from the tightly guarded 
diplomatic enclave.

Qadri, a police bodyguard to Salman Taseer, shot the liberal Punjab governor 28 
times at an Islamabad market in 2011.

He said he was angry at the politician's calls to reform the blasphemy law.

Blasphemy is a hugely sensitive issue in the Islamic republic, and Qadri was 
hailed as a hero by many conservatives eager to drown out calls to soften the 
legislation.

Critics say the law - which carries the death penalty - is largely misused, 
with hundreds languishing in jails under false charges.

Those who carry out extra-judicial killings of alleged blasphemers largely 
escape punishment.

Key moment

Analyst Amir Rana said the execution marked a key moment for Pakistan in its 
more than a decade-long fight against religious extremism.

"I think it is a very critical moment in the political history of Pakistan. It 
is the 1st time the political government has made such a decision.

"The resolve is on the rule of law and they will not allow the space for 
extremism in Pakistan."

But he warned there was potential for the move to backfire by making Qadri a 
martyr among his supporters and his execution a rallying cry.

Several supporters took turns to denounce and threaten the government prior to 
the funeral.

"The chief justice, the army chief and the president should fear the day when 
every single individual of the country will become Mumtaz Qadri and grab them 
on the streets of the country," said Khadim Hussain.

Muhammad Ghias said he had travelled from the northwestern town of Mansehra 
because he believed attending the funeral would send him to heaven.

Mourners travelled from distant cities, including Karachi and Lahore.

Pakistan's media meanwhile maintained a near-blackout for the 2nd day running, 
a move that analysts said so far has helped limit the fallout from the 
execution.

Thousands protested in cities across Pakistan on Monday after authorities 
announced the hanging had taken place early that morning.

But with security stepped up at flashpoints across the country of some 200mn, 
most dispersed peacefully.

"We have manned all the main junctions close to the procession route and 
sensitive buildings," a police official in Islamabad told AFP earlier on 
Tuesday, adding that up to 3,000 officers were on the streets.

Many schools and universities remained closed for the day after shutting early 
on Monday.

A police official in Rawalpindi said similar numbers were deployed there, 
including hundreds brought in from other districts as well as paramilitary 
Rangers.

Liaquat Bagh, the park in Rawalpindi where the funeral ceremony will be held, 
is tinged with political significance: it is where Pakistani prime minister 
Liaquat Ali Khan was assassinated in 1951, and the site of former prime 
minister Benazir Bhutto's assassination in 2007.

(source: Gulf TImes)



SAUDI ARABIA:

Fact vs Myth: Sheikh Nimr's Execution


After the Government of Saudi Arabia executed 47 people on 2 January 2016, it 
made several statements in an attempt to justify the mass execution and quell 
international criticism. In these statements, Saudi Arabia claimed that all 
executions resulted from fair judicial proceedings that strictly followed the 
Saudi legal process. However, the government's claims contained a number of 
inaccuracies that misrepresented the defendants' experiences within the Saudi 
criminal justice system.

These inaccuracies were perhaps most glaring in the case of Sheikh Nimr Baqir 
al-Nimr. Since his execution on 2 January 2016, the Government of Saudi Arabia 
has continued to disseminate misinformation about his life and death, 
especially regarding his trial and detention. The following are just a few 
examples of how the Government of Saudi Arabia has persisted in spreading 
misinformation about Sheikh Nimr in an effort to justify his execution.

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Fact v myth2 charges peaceful

Myth: The charges against Sheikh Nimr did not seek to punish him for his 
peaceful activities.

Fact: Almost all of the charges against Sheikh Nimr directly related to his 
peaceful speeches, sermons, and protest activities. In Sheikh Nimr's 1st court 
hearing, the prosecutor levied 33 charges against him. Initially, the 
prosecutor charged him with banditry and other related offenses, based on 
several security officers' claim that Sheikh Nimr had fired a gun at them 
during his arrest. Sheikh Nimr's defense team, as well as independent human 
rights organizations, maintain that this never occurred. In fact, it was 
security forces who fired on Sheikh Nimr during the arrest.

To make the case against Sheikh Nimr, the prosecutor heavily relied on Sheikh 
Nimr's speeches and sermons. Local sources informed ADHRB that the public 
prosecution accused him of delivering sermons that disrupted national unity, 
insulted the king, supported anti-state chants, called for the remembrance of 
victims of government violence, and encouraged people to demonstrate. During 
the trial, the judge ordered the prosecutor to present 21 speeches delivered by 
Sheikh Nimr as evidence against him. An Amnesty International review of his 
speeches found that he had not advocated for violence and was only exercising 
his right to free expression.

Ultimately, the SCC sentenced him to death on a list of vague charges related 
to his peaceful activities. The evidence to support the charges came almost 
solely from Sheikh Nimr's sermons and interviews.

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Fact v myth2 lawyers detention

Myth: Sheikh Nimr was allowed to meet and communicate with his lawyers while in 
detention.

Fact: Throughout his time in detention, Sheikh Nimr had inconsistent access to 
both his family and his legal representation. During his first few months in 
detention, Saudi officials did not permit Sheikh Nimr to speak with his family 
members. The government claims that Sheikh Nimr was able to consult with an 
attorney "at least once" while he was in detention. In reality, officials 
repeatedly denied him access to his lawyer before the trial.

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Fact v myth2 medical treatment

Myth: Sheikh Nimr received adequate medical care while he was in detention.

Fact: The Government of Saudi Arabia claimed that it provided Sheikh Nimr all 
necessary medical attention during his detention. It further asserted that it 
is false that he did not receive treatment for his injured leg, stating that 
Sheikh Nimr's leg "was not injured."

These claims are untrue. During the course of his arrest, Saudi security forces 
shot Sheikh Nimr multiple times, wounding his leg and other parts of his body. 
According to Human Rights Watch, Saudi doctors refused to remove a bullet from 
his leg and stated that Sheikh Nimr had already received adequate treatment for 
his wounds. As a result of his incomplete treatment, Sheikh Nimr suffered 
partial paralysis in his leg. Staff at the prison hospital where he was held 
did not provide him regular access to medical care and physical therapy, 
leaving him in constant pain. Furthermore, doctors delayed surgery to remove a 
bullet from his back until immediately prior to his execution.

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Fact v myth2 fair trial

Myth: Sheikh Nimr received a fair trial.

Fact: The Government of Saudi Arabia repeatedly violated Sheikh Nimr's due 
process rights over the course of the legal proceedings. After his first 
hearing, the prosecution failed to present Sheikh Nimr's legal team with a copy 
of the charges against him, restricting their ability to prepare an adequate 
defense. On multiple occasions, the judge either failed to notify Sheikh Nimr's 
defense team of a hearing or informed the team only one day in advance.

Furthermore, the judge accepted written testimony from the police officers who 
arrested Sheikh Nimr, but prevented Sheikh Nimr's legal team from 
cross-examining the officers. Saudi officials also forced Sheikh Nimr's lawyer 
to sign a pledge that he would not share court documents.

These abuses, among others, compromised the fairness and openness of Sheikh 
Nimr's trial.

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Fact v myth2 nimr terrorism

Myth: The sentences carried out on 2 January 2016 were focused solely on 
terrorist acts undertaken by those convicted.

Fact: The Government of Saudi Arabia executed Sheikh Nimr for crimes related to 
his free speech. Though Sheikh Nimr was tried and convicted by the Specialized 
Criminal Court (SCC), Saudi Arabia???s terrorism tribunal, he never had any 
ties to terrorism or terrorist activity. Since the SCC's establishment in 2008, 
Saudi Arabia has used the court to prosecute and convict a number of human 
rights activists, including Sheikh Nimr, for their peaceful activities.

The judge ultimately sentenced Sheikh Nimr to death on charges of "disobeying 
the ruler," "inciting sectarian strife," and "encouraging, leading, and 
participating in demonstrations." All of these charges related to Sheikh Nimr's 
peaceful exercise of his right to free speech in his sermons and speeches. The 
intentionally broad wording of Saudi Arabia's 2014 terrorism law, which 
classifies any acts that "risk national unity" or "harm the reputation of the 
country" as terrorism, enabled the government to prosecute Sheikh Nimr as a 
terrorist for exercising his right to free expression.

(source: adhrb.org)






QATAR:

Qatari national sentenced to death for murdering his father


A local court sentenced a Qatari national to death by firing squad after he was 
found guilty of murdering his father.

Rashid Abdullah Rashid al-Nuaimi stabbed his father to death in 2014, reported 
Doha Times.

The convict told the court that he was trying to break free from the grip of 
his father, who had grabbed his neck during an altercation.

He confessed to the crime saying he had momentarily lost control.

However, he argued that he should not be convicted on the grounds of his mental 
illness.

The court heard that he suffered from schizophrenia. However, 2 consultants 
from the psychiatric ward at Hamad Medical Corporation testified last November 
that the man was able to determine right from wrong at the time of the 
incident.

Qatar has not executed anyone on death row in over a decade.

Al-Nuaimi will remain in jail until his youngest brother reaches the legal age 
of consent and can weigh in on the death penalty decision.

This leaves open the possibility that al-Nuaimi's sentence may be reduced to 
life imprisonment if the family changes its mind.

(source: Gulf Digital News)






SYRIA:

IS executes 8 Dutch jihadists in Syria: activists


The Islamic State has executed 8 Dutch members of the jihadist group, whom it 
accused of trying to desert, activists said Monday.

"Daesh (IS) executed eight Dutch fighters on Friday in Maadan, Raqa province, 
after accusing them of attempting desertion and mutiny," Abu Mohammad, a member 
of the citizen journalist group Raqa is Being Slaughtered Silently (RBSS), said 
via Twitter.

RBSS has been documenting since April 2014 IS' abuses in Raqa, the group's de 
facto capital in northern Syria.

Tension has boiled in Raqa over the past month between 75 Dutch jihadists -- 
among them fighters of Moroccan origin -- and IS intelligence operatives from 
Iraq, RBSS said.

3 other Dutch jihadists were arrested by Iraqi IS members who accused them of 
wanting to flee and one of the detainees was beaten to death during the 
interrogation, according to RBSS.

IS leaders in Raqa sent a delegate to solve the dispute with the Dutch cell's 
enraged members, but they murdered the intermediary in vengeance, the citizen 
journalist group added.

The IS leadership in Iraq then ordered the arrest of all the members of the 
Dutch group, and imprisoned them in Tabaqa and Maadan in Syria.

8 have since been executed, RBSS said.

The Syrian Observatory for Human Rights, which monitors the conflict, could not 
confirm the report.

However it said 3 European jihadists of North African origin were executed in 
what IS calls the Wilayet al-Furat -- an area stretching across the 
Syrian-Iraqi frontier.

According to the Dutch secret services, 200 people from the Netherlands 
including 50 women have joined IS in Syria and Iraq.

(source: al-monitor.com)