[Deathpenalty] death penalty news----worldwide----PAK., MALAY., IRAQ, S. ARAB., TAN.

[Rick Halperin]

March 30



PAKISTAN:

PHC stays execution of 'terrorist'


The Peshawar High Court (PHC) on Tuesday stayed the execution of a convicted 
terrorist that was scheduled to take place in Kohat prison today (Wednesday).

A military court had awarded death sentence to Fateh Khan after terrorism 
charges were proved against him.

A two-member bench comprising Justice Waqar Ahmad Seth and Justice Muhammad 
Younas Thaheem stayed the execution of Fateh Khan till April 5 and issued 
notice to the ministries of Interior and Defence to submit replies in the 
petition before the next date of hearing.

Zarba Khela, mother of the convicted person and resident of Khyber Agency had 
filed the judicial review petition and requested the court to stay her son's 
execution. She had earlier received a notice from the Kohat prison that her son 
would be executed on Wednesday.

In the petition, she stated that her son was picked up by the security forces 
on November 20, 2014 from Sarband area of Peshawar.

She submitted that her son remained missing since then. She said the Peshawar 
High Court on March 3, 2016 in her habeas corpus petition issued notices to the 
ministries of Defence and Interior and the intelligence agencies with a 
directive to submit replies about the whereabouts of her son.

The woman claimed in the petition that on March 25, 2016 she received a notice 
from the office of assistant political agent, Bara, Khyber Agency, through the 
Kohat prison that her son had been awarded death sentence by a military court 
in cases related to terrorism. In the notice, she said her family was asked to 
have a last meeting with Fateh Khan on March 29 as he was being executed in 
Kohat prison on Wednesday.

In the petition, she prayed the court to stay the execution as she did not know 
why her son is being executed and for which crime.

Earlier, the high court had also stayed execution of 2 other alleged terrorist, 
who were awarded death sentence by military courts.

Meanwhile, a citizen from Upper Dir district on Tuesday challenged in the 
Peshawar High Court (PHC) the award of death sentence to his brother by a 
military court.

Ajab Gul, brother of the convicted terrorist Taj Gul, son of Sultan Zareen, 
challenged the sentence through his lawyer Arif Jan.

It was stated in the judicial review petition that some five years ago the 
family members had handed over Taj Gul to the security forces.

The petition said the family members had met the detainee several times at the 
internment centre in Swat. Later, they came to know through the media on March 
15 about his death penalty.

The brother of the convict prayed the court to suspend the execution as no 
charges were conveyed to the detainee and he was denied the right to defence 
during the trial.

As per the army-run Inter-Services Public Relations statement, the convict was 
involved in attacking the law-enforcement agencies, which resulted in the 
deaths of police constables and levies personnel.

The ISPR said a cache of arms and explosives were recovered from him. It said 
the convict had confessed to the offences before the magistrate for which he 
was awarded the death sentence.

He was among the 13 convicts whose death sentences were confirmed by Chief of 
Army Staff General Raheel Sharif.

According to the ISPR, the condemned terrorists were tried by the military 
courts for involvement in the Nanga Parbat attack, Saidu Sharif Airport, 
destruction of schools, attacks on the armed forces, law-enforcement agencies 
and civilians.

(source: The International News)

**********

Executions Have Skyrocketed In Pakistan As The Country Targets Terror----The 
nation is now among the world's top executioners.


Activists from the Human Rights Commission of Pakistan carry placards during a 
demonstration to mark International Day Against the Death Penalty in Islamabad 
on Oct. 10, 2015. Pakistan has executed at least 332 people since bringing back 
its death penalty in 2014.

Authorities in Pakistan have detained over 5,000 people since Sunday, when a 
deadly bombing killed at least 70 people, including many children, at a public 
park in Lahore. The arrests are part of a renewed crackdown on Islamist 
militant groups, which Pakistan's government has increasingly targeted after a 
terror attack on a school in Peshawar killed over 140 students and staff in 
December 2014.

While Pakistan's military touted its more than yearlong offensive against the 
Pakistani Taliban as a success late last year, bombings and attacks in the 
country have remained constant. The campaign has also been controversial for 
its erosion of human rights in Pakistan, as the government ended a 6-year 
moratorium on the death penalty in 2014 and began carrying out hundreds of 
executions.

The Pakistani government's renewal of the death penalty initially only brought 
back executions for terror-related charges. However, in March of last year, the 
government expanded capital punishment to almost 30 different crimes.

Since lifting the moratorium, Pakistan has executed at least 332 people and now 
finds itself among Iran, Saudi Arabia and China as one of the world's most 
prolific executioners. Although Pakistan at first only executed terror 
suspects, most of the people it executed in the past year were sentenced for 
other crimes.

Activists from the Human Rights Commission of Pakistan carry placards during a 
demonstration to mark International Day Against the Death Penalty in Islamabad 
on Oct. 10, 2015. Problems with Pakistan's judicial system have deepened 
concerns about implementation of the death penalty there.

Activists opposing Pakistan's resumption of capital punishment say the change 
in policy has been made worse by long-standing failings of the country's legal 
system.

"There's very troubling and serious concerns in Pakistan with regard to people 
having access to a fair trial," Jameen Kaur, Amnesty International's deputy 
director of campaigns for South Asia, told The WorldPost.

The Pakistan judicial system's problems, Kaur says, include restricted access 
to lawyers, the admission of evidence that was obtained using torture and 
fast-tracked trials. Pakistan changed its constitution following the Peshawar 
school attack to allow terror suspects to be charged in military courts, human 
rights groups have criticized.

"Proceedings of the military courts do not meet international fair trial 
standards," Kaur said. "The military officers presiding in the military courts 
are not required to have legal training, so that raises serious concerns."

Pakistan's government has also executed people who were minors when they were 
convicted. In 1 case, inmate Shafqat Hussain was executed despite his lawyers' 
claims that he was only 14 when he was sentenced to death for murder in 2004 
and that his confession was obtained by torture. He was hanged last August.

Another controversial case is that of Abdul Basit, who was convicted of murder 
in 2009 before he contracted meningitis in prison and became paralyzed from the 
waist down. Pakistani authorities have given him several stays of execution as 
they debate his case, including the technicalities of hanging a paraplegic man.

Pakistan's authorities have given no explanation for why they expanded the use 
of capital punishment beyond terror charges, but the rise of executions in the 
nation comes at a time when many countries have increased their use of the 
death penalty. Bot Saudi Arabia and Iran executed more people last year than 
any year in decades.

Human rights groups and activists have condemned the shift in Pakistan's 
policy, stating that it has done nothing to prevent terror attacks and calling 
for the nation to stop executing its prisoners altogether.

Pakistan currently has over 7,000 inmates on death row, according to Amnesty. 
The group says it's now waiting to see the fallout of the government's latest 
arrests.

(source: Nick Robins-Early, Huffington Post)



MALAYSIA:

Death penalty: Home Ministry says 12 executed in last 6 years


Malaysia has executed 12 out of a total 829 people who were sentenced to death 
since 2010, the Home Ministry said today.

In a written parliamentary reply to Puchong MP Gobind Singh Deo, the ministry 
added that 95 others have received either a royal pardon or had their death 
sentence commuted.

"The sentence has been handed out due to the offences of murder, drug 
trafficking, smuggling firearms, and also kidnapping," the ministry said.

Gobind had asked the government to give a breakdown on the death sentences 
meted out since 2010.

Last week, prison authorities came under criticism for what was described by 
Amnesty International as the "secretive" hanging of a 34-year-old man at the 
Taiping prison.

This was because Gunasegaran Pitchaymuthu was reportedly given very short 
notice regarding his execution.

Discussions and debates to abolish death penalty in Malaysia, especially under 
the Dangerous Drugs Act (DDA) had been taking place in Malaysia since 2011, but 
no legislative amendments had been proposed to date.

(source: themalaymailonline.com)




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

Malaysia sentences 829 convicts to death penalty since 2010


Malaysia has sentenced 829 prisoners to death between 2010 and 2016, Deputy 
Prime Minister Ahmad Zahid Hamidi said.

Of these as many as 95 were pardoned or given reprieves, while 12 were 
executed, the minister said, according to The Star.

"Statistics from the Prisons Department show that between 2010 and February 22, 
2016, the courts sentenced 829 prisoners to death for various crimes, including 
murder, drug trafficking, firearms trafficking and kidnapping," Zahid, who is 
also the home minister, said.

Calls for abolishing capital punishment have been rife in the Muslim majority 
country since 2010. The government has said it is willing to review the 
mandatory death penalty in certain crimes.

The Malaysian lawyers' forum has also called for a moratorium on executions 
pending this review, the report said.

Drug related offences carry the maximum punishment in the country. According to 
the Amnesty International, anyone one found carrying 200g or more of cannabis 
is automatically presumed guilty of trafficking and awarded death penalty.

"Malaysia keeps its execution numbers secret, but credible sources suggest that 
about 1/2 of all death sentences carried out in recent years have been for drug 
convictions," the rights organisation has said.

According to Death Penalty Worldwide, the number of individuals currently under 
sentence of death is at least 1,043. The organisation says at least 2 people 
were executed in 2014, but since then the death penalty hasn't been carried out 
in the country.

(source: International Business Times)

**********

TIME TO ABOLISH DEATH PENALTY: 829 SENTENCED TO DEATH SINCE 2010 - ZAHID


Of the 829 prisoners convicted and sentenced to death between 2010 and 2016, 
Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi said that 95 were pardoned 
or given reprieves, while 12 were executed.

"Statistics from the Prisons Department show that between 2010 and February 22, 
2016, the courts sentenced 829 prisoners to death for various crimes, including 
murder, drug trafficking, firearms trafficking and kidnapping," said Ahmad 
Zahid, who is also the Home Minister.

This was said in a written response to Gobind Singh Deo (DAP-Puchong).

"The 95 received pardons or a reprieve after submitting appeals to the Yang 
di-Pertuan Agong, rulers or state governors," Zahid added.

Since 2010, the government has said that it is willing to review the mandatory 
death penalty, with a view to its possible abolition.

The Malaysian Bar has urged for a moratorium on executions pending this review.

(source: malaysia-chronicle.com)


IRAQ:

ISIS beheads another Peshmerga as Kurds back Iraqi army in Makhmour offensive


The Islamic State published a video purportedly showing a Kurdish militant of 
the group beheading a Peshmerga hostage before a crowd in Mosul, and 
threatening to kill 2 other Peshmerga prisoners who kneel before him.

The video was released as ISIS faces an Iraqi Army offensive on villages in 
Makhmour that is seen as a 1st step of a war to liberate Mosul, the ISIS 
stronghold in Iraq since it was captured by the militants in June 2014. 
Peshmerga units and a US Marine base in the area have been providing backing 
and artillery support to the Iraqi forces in their fight.

In the 6-minute-video published Tuesday, a militant in Kurdish clothes is shown 
beheading 1 of the 3 Peshmerga hostages.

The murderer verbally attacks Kurdistan Region President Masoud Barzani and the 
United States.

Since ISIS attacked the Kurdistan Region in August 2014, igniting a war with 
Iraq's Kurds that is still ongoing, the group has released several videos 
showing the beheadings of Peshmerga soldiers.

In the previous such release, a video published in October showed the 
beheadings of 4 Peshmerga in Hawija, at the site where US Special Forces and 
Peshmerga fighters had freed 70 Iraqi Army soldiers from ISIS.

ISIS reportedly had a steady source of Kurdish recruits until it attacked the 
Kurds.

(source: rudaw.net)






SAUDI ARABIA:

Saudi government 'wants to EXECUTE gay people who show their sexuality in 
public & online'


Saudi law makers could impose the death penalty on gay people who show their 
sexuality in public and on social media, according to reports.

The Saudi government is hoping to impose capital punishment on homosexuals, it 
has been claimed

The government in the Sunni Kingdom is reportedly demanding tougher punishments 
on those found guilty and claimed social media has caused a boom in 
homosexuality.

According to Okaz newspaper, the last 6 months has seen 35 cases of 
homosexuality and 50 cases of cross-dressers as well as cases of "sexual 
perversion??? in Saudi Arabia.

The judiciary reportedly also claimed there has been a large rise in "perverts" 
displaying "sins and obscenities" on social media in the Sunni Kingdom.

It comes after a Saudi man was arrested this week when he raised the rainbow 
flag outside his home in Jeddah.

The doctor was arrested by religious police within hours of hoisting the flag 
in the port city.

But he was released shortly afterwards when he claimed he had no idea what the 
pride flag symbolised.

In addition, Okaz reported that a man in his 50s was arrested for making sexual 
advances to men online.

He allegedly begged for forgiveness during the police interrogation and said he 
would not do it again.

The calls from the law makers has seen a backlash on social media with some 
using the hashtag #I_am_gay_will_not_be_deterred.

One tweeted: "I stand with the Saudi Arabian LGBT community."

It is illegal to be gay in Saudi Arabia

Currently, the Saudi government hands out fines, prison sentences and whipping 
for being openly gay.

A 2nd conviction automatically merits automatic executions although vigilante 
executions are also common.

(source: express.co.uk)



TANZANIA:

Conflicting decisions on death sentence should be resolved


According to section 197 of the Penal Code, whoever is convicted of murder is 
liable to suffer death by hanging. Such provision reads, "Any person convicted 
of murder shall be sentenced to death."

However, justices of the Court of Appeal, the highest temple of justice in the 
country, have not come into a common decision in respect of death sentence, 
which is imposed to convicted murderers.

When determining an appeal lodged by Kachukura Nshekanabo, alias Kakobeka, a 
resident of Karagwe District in Kagera Region, a panel comprising Justices 
Engela Kileo, Sauda Mjasiri and Batuel Mmilla differed on whether the death 
sentence was appropriate.

Justice Kileo, who was the chairperson adjudicating the appeal arrived into a 
different position, proposing that life sentence was the appropriate punishment 
instead of death because such capital penalty is unconstitutional.

However, the rest of members of the panel, that is, Justice Mjasiri and Mmila, 
gave nod to the death sentence in that it is appropriate punishment to 
murderers and that is the legal position in Tanzania.

Advocate Mathias Rweyemamu, who had appeared for Kakobeka during hearing of the 
appeal, is the one who sparked the debate on the sentence.

In one of grounds of appeal that he had advanced to challenge the death 
sentence, Mr Rweyemamu has this to say, "The High Court grossly erred in law to 
sentence the appellant with death by hanging, the sentence which is 
unconstitutional."

He put up a spirited fight armed with Article 14 of the Constitution of the 
United Republic of Tanzania on the right to life. The advocate argued that the 
death sentence is unconstitutional, inhuman and uncultured.

Mr Rweyemamu sailed through a number of authorities and scholastic articles on 
the constitutionality of the death penalty and its non-reversibility once 
carried out.

However, in response to the line of arguments advanced by the defence counsel, 
the 2 justices of the appeals court were compelled to agree with the 
prosecution that the law is settled as per section 197 of the Penal Code that 
whoever is convicted of murder shall be sentenced to death by hanging.

They referred to the case of Mbushuu, alias Dominic Mnyaroge and anther V. 
Republic (1995) TLR 97 where it was held, "Though the death penalty as provided 
by section 197 of the Penal Code offends Article 13 (6) (d) and (e) of the 
constitution.... "....it is not arbitrary, hence lawful law and it is 
reasonably necessary and it is thus saved by Article 30 (2) of the 
Constitution; the death penalty is therefore not unconstitutional."

On a number of occasions in different cases, Justice Kileo has been giving 
dissenting judgments in respect of the applicability of section 197 of the 
Penal Code over imposition of death sentence to persons convicted of murder. 
She has been relying under Article 14 and 15 of the Constitution of the United 
Republic of Tanzania, 1977, on the right to live.

Article 14 states, "Every person has the right to live and to the protection of 
his life by the society in accordance with the law, whereas Article 15 (1) 
stipulates, "Every person has the right to freedom and to live as a free 
person."

When giving reasons to support her dissenting judgment on death sentence during 
determination of appeal lodged by Dominick Damian, a resident of Bukoba, Kagera 
Region, Justice Engela Kileo, was of the opinion that life sentence would be 
the proper punishment for murder convicts. She noted that the death penalty was 
inherently an inhuman and degrading punishment and it is also so in its 
execution, offending Article 13 (6) (d) and (e) of the Constitution of United 
Republic of Tanzania.

Article 13 (6) (d) (e) of the Constitution reads, "To ensure equality before 
the law, the state authority shall make procedures which are appropriate or 
which take into account the following principles, namely: "(d) for the purposes 
of preserving the right or equality of human beings, human dignity shall be 
protected in all activities pertaining to criminal investigations and process, 
and in any other matters for which a person is restrained, or in the execution 
of a sentence;" (e) no person shall be subjected to torture or inhuman or 
degrading punishment or treatment."

According to her, death was one penalty which makes error irreversible and that 
chance of error was inescapable when based on human judgment.

She said that death penalty is the premeditated and cold-blooded killing of a 
human being by the state. In Tanzania, she said, "we cannot boast to have a 
perfect investigation, prosecution and trial system. We may have condemned 
people to death who did not commit the crime."

Justice Kileo further observed that such punishment violates the right to life 
as proclaimed in the Universal Declaration of Human Rights as well as the right 
to life which is protected in the country's Constitution.

"I am of the humble view also that since we do not give life, then we have no 
right to take it, no matter what the other person has done. It is only God who 
gives life and it is Him alone who should take it," she concluded.

There are circumstances where life sentence or detainment under the President's 
pleasure could be provided in lieu of death sentence in terms of section 26 of 
the Penal Code.

Part of section 26 (1) states that if a woman convicted of offence punishable 
with death is alleged to be pregnant, the court shall inquire into the fact and 
if it is proved to satisfaction of court that she is pregnant the sentence to 
be passed on her shall be imprisonment for life instead of a sentence of death.

While (2) states that the sentence of death shall not be pronounced on or 
recorded against any person who at the time of the commission of the offence 
was under 18 years of age, but in lieu of the sentence of death, the court 
shall sentence that person to be detained during the President's pleasure.

(source: The Daily News)