[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Oct. 13



PALESTINE:

PCHR: 20 Years Against Death Penalty; Facts on Death Penalty in Palestine and 
PCHR's Position


"On the World Day against Death Penalty, we stress that our struggle will 
continue on all levels to abolish this penalty ... We believe, as everybody 
else do, the purpose of this punishment is reform and deterrence. However, 
death penalty does not achieve both sides of this purpose.

This was proven with facts and researches made by the countries that apply this 
penalty the most ... Justice is meant to bring safety and serenity not 
revenge".

Lawyer Raji Sourani:

Introduction

Death penalty is considered one of the most controversial issues in the 
Palestinian community for its social, religious and security dimensions in the 
Palestinian community particularly and Arab countries generally.

PCHR has had an obvious position against death penalty since the very first day 
it was established although PCHR has realized such a position will not be 
reasonable for a big sector of the community that has been affected by 
different misinterpretations of the religious text concerning this penalty or 
the common concept of deterrence gained by this penalty, which has not been 
proved by facts nor researches.

PCHR has worked throughout over 20 years against death penalty, created a 
social controversy against it and dedicated a big part of its efforts towards 
stopping this penalty paving the way for its abolishment.

PCHR's position is based on legal, reasonable and moral justifications 
explained in this paper below.

The split of the Palestinian Authority (PA) in 2007 frustrated the efforts 
aiming at the abolishment of death penalty.

It should be noted that PCHR has practiced huge efforts upholding a penal code 
without death penalty. PCHR went far on this track through meetings with 
decision makers, making correspondences, awareness-raising campaigns and 
debates until a draft of the Palestinian Penal Code was issued excluding death 
penalty.

On the 20th Anniversary of its Establishment, PCHR Launches Documentary Titled 
"PCHR: 20 Years of Experience"

Nonetheless, the split happened and not only obstructed all these efforts, but 
increased the application of this penalty also. There has a been a significant 
rise of this penalty following the Palestinian split, mainly in the Gaza Strip.

Death penalty in the PA is regulated by 3 penal codes. One of them is military 
and was issued by the Palestinian Liberation Organization (PLO) while the 2 
others were civil; 1 of them is applicable in the West Bank and the other is 
applicable in the Gaza Strip.

These laws are flawed for the over-imposition of death penalty concerning many 
crimes, some of which are political such as "conspiracy to overthrow the 
government".

Military courts apply this penalty the most and practice their jurisdiction 
even on civilians in some cases, especially concerning collaboration with the 
Israeli occupation.

Bringing civilians before military courts is a grave violation of human rights 
and the Palestinian Basic Law (PBL) that stressed each person's right to be 
presented before his/her natural judge.

PCHR has always highlighted its bias for the victims of death penalty.

However, PCHR stressed that its position does not mean to be lenient with 
criminals or abandon the requirements of security. All of this does not distort 
PCHR's message of justice and righteousness that demands commitment to the 
justice requirements.

Justice requires that attributing a crime to its doer should be done without 
any logical doubts and any slight doubt found should be in favor of the accused 
person.

Moreover, the punishment must be commensurate with the crime and must not be 
degrading or severe, taking in consideration the punishment is imposed for 
reform not revenge.

This interpretation of justice is supported with studies and researches on 
which PCHR's position is based, especially concerning the relation between 
death penalty and security.

PCHR underscores that its vision regarding death penalty relies on legal, 
impartial and moral justifications that do not in any form contradict with the 
Islamic Shari'a goals, which glorify life and human dignity.

PCHR believes that the insistence on the application of this punishment, which 
is irreversible, although the conditions and requirements for applying it are 
not available may put lives of innocents at stake and jeopardize the 
community's serenity and security that are the main aims of justice.

Therefore, PCHR emphasizes on the World Day against Death Penalty, 10 October, 
that efforts will go on to abolish this inhumane penalty, taking in 
consideration the public interest and justice requirements that reject the 
killing of an innocent person.

This paper briefly displays facts about death penalty in Palestine and PCHR's 
position towards it in eight items. Moreover, it includes recommendations for 
decision makers. The 8 items are as follows:

1.Using death penalty before Palestinian courts.

2.Application of death sentences in Palestine.

3.Laws regulating death penalty in Palestine.

4.Number of crimes requiring the application of death penalty in the 
Palestinian law.

5.International obligations on the PA concerning death penalty.

6.Conditions required for the application of death penalty in Palestinian 
legislations.

7.To what extent Palestinian legislations related to death penalty fit the 
international standards.

8.PCHR's position.

First: Using Death Penalty by Palestinian Courts

Death penalty is defined as putting a person to death by a sentence issued by a 
competent court in due process. The Palestinian laws stipulate death penalty 
before Palestinian courts, whereas 10-15 death sentences are issued annually.

The majority of these sentences are issued in the Gaza Strip on grounds of 
collaboration with Israeli forces. Following are statistics relevant to using 
death penalty before Palestinian courts:

1.Facts on death sentences issued in 2016

--Death sentences that has been issued in 2016 so far are 16. All of them were 
issued in the Gaza Strip. Four of the sentences were issued by high courts 
upholding previous sentences.

--In 2016, 12 death sentences have been issued by military courts so far.

--In 2016 also, 4 death sentences have been issued by civil courts so far.

2.Facts on death sentences issued since the establishment of the PA in 1994 
until now:

--Death sentences issued by different courts (civil and military) are 180.

--Number of death sentences issued in the Gaza Strip: 150.

--Number of death sentence issued in the West Bank: 30.

--Number of death sentences issued in the Gaza Strip following the Palestinian 
spit in 2007: 91.

--Number of death sentences issued by military courts since the split in Gaza: 
67.

Second: Application of Death Sentences in Palestine

The number of death sentences applied in the PA so far are 35. 87 convicted 
persons are waiting in the Palestinian prisons for the application of death 
sentences. Following are facts relevant to the application of death penalty in 
the PA:

1.The Gaza Strip:

--The majority of death sentences in the Gaza Strip were applied following the 
internal split. All of them were applied without the ratification of the 
Palestinian President, as the previous government's Council of Ministers in 
Gaza approved all the sentences in a clear violation of the law, especially the 
2003 PBL. There are 3 sentences that were applied following the formation of 
the unity government in 2014.

--Number of sentences applied upon the ratification of the President: 11.

--Number of sentences applied without the ratification of the Palestinian 
President in violation of the law, mainly article 109 of the PBL, and all of 
them were in the Gaza Strip: 22. 3 of them were applied after the unity 
government was formed.

2.The West Bank:

No death sentences have been applied in the West Bank since 2002 and the 
Palestinian President has not ratified any death sentence since 2005. In the 
West Bank, 2 death sentences have been applied since the establishment of the 
PA.

Third: Laws Regulating Death Penalty in Palestine

6 laws regulate death penalty in the PA; 3 of which are penal codes that 
identify criminalized acts and punishments imposed on them.

The 3 other laws are procedural, as they include certain texts relevant to the 
issuance or application of death sentences. Some of these laws are applicable 
in the Gaza Strip only while the others are applicable in the West Bank only. 
However, there are laws applied in both areas.

Following are these laws and in what areas they are applicable:

--Penal Code no. 74 issued by the British Mandate authorities for 1936. 
(Applicable in the Gaza Strip)

--Penal Code no. 16/1960. (Applicable in the West Bank)

--1979 Revolutionary Penal Code. (It was issued by the PLO and is applicable in 
the West Bank and Gaza Strip)

--2001 Penal Procedure Law. (Applicable in the West Bank and Gaza Strip)

--1979 Revolutionary Tribunal Law. (Applicable in the West Bank and Gaza 
Strip).

--2008 Military Justice Code. (Applicable in the Gaza Strip)

Fourth: Number of Crimes Requiring the Application of Death Penalty in the 
Palestinian law

The Palestinian penal codes identified the crimes the require the application 
of death penalty. These crimes were many; the majority of which were political. 
Following are a demonstration of a number of crimes punishable by death in the 
Palestinian law:

--The civil law (1939 Penal Code applicable in the Gaza Strip and Penal Code 
no.16/1960 applicable in the West Bank) provides that 15 crimes are punishable 
by death.

--The military law (1979 Revolutionary Penal Code) provides that 45 crimes are 
punishable by death.

Fifth: PA]s International Obligations relevant to Death Penalty:

In 2014, the State of Palestine acceded to the 1966 International Covenant on 
Civil and Political Rights (ICCPR) without any reservations.

Thus, Palestine became bound by all the ICCPR's terms, including Article 6 
which imposed guarantees and obligations on countries to apply this penalty 
until it is cancelled. Article 6 stipulates that:

"2- In countries which have not abolished the death penalty, sentence of death 
may be imposed only for the most serious crimes in accordance with the law in 
force at the time of the commission of the crime and not contrary to the 
provisions of the present Covenant and to the Convention on the Prevention and 
Punishment of the Crime of Genocide. This penalty can only be carried out 
pursuant to a final judgment rendered by a competent court .... 4. Anyone 
sentenced to death shall have the right to seek pardon or commutation of the 
sentence. Amnesty, pardon or commutation of the sentence of death may be 
granted in all cases. 5. Sentence of death shall not be imposed for crimes 
committed by persons below 18 years of age and shall not be carried out on 
pregnant women. 6. Nothing in this article shall be invoked to delay or to 
prevent the abolition of capital punishment by any State Party to the present 
Covenant."

Despite PCHR's persistent calls, the State of Palestine has not acceded yet to 
the Second Optional Protocol to the ICCPR, aiming at the abolition of the death 
penalty.

Sixth: Conditions Required for the Application of Death Penalty in Palestinian 
Legislations

The Palestinian laws stipulate a number of procedural and impartial guarantees 
to issue or apply a death sentence. These guarantees are proper and meet the 
conditions required by the international standards, which impose such 
conditions on countries that have not so far abolished death penalty.

These guarantees are flawed for the absence of the rule of law in the 
Palestinian society and poor Penal Code.

--The death sentence should be unanimously issued by a competent court.

--The convicted person's crime should be among the crimes punishable by death 
penalty according to the Palestinian Penal Code.

--The sentence should be based on certainty not doubts.

--The sentence should be issued after providing the convicted with all the 
guarantees of the right to defense as ensured in the law.

--The sentence should be definitive and exhausting all steps of appeal.

--The sentence requires the PA President's ratification to be applied.

--The perpetrator should not be a pregnant woman (if the sentenced woman was 
proved to be pregnant, the punishment should be changed into hard labor for 
life according to 2001 Penal Procedure Law)

--The convicted should be 18 when committing the criminal act.

--The perpetrator should not be mentally ill.

--Death penalty should not be executed on public holidays.

--The sentenced should be allowed to see his relatives and a clergy man 
adopting his religion.

--Neither a public pardon (by the Palestinian Legislative Council) nor a 
private one (by the PA President) is issued for the convicted person.

Seventh: To What Extent Palestinian Legislations Related to Death Penalty Fit 
the International Standards

The legislations regulating the death penalty in the PA violate the human 
rights standards and rule of law as explained below:

--Penal Code no. 74/1936 applicable in the Gaza Strip stipulates death penalty 
for 15 crimes; most of which are political. The Code's criminalization items 
are open to interpretations so that any act against the Mandate's policies in 
Palestine would be liquidated. Moreover, some crimes that are punishable by 
death penalty do not fall within the most serious crimes. Thus, the terms of 
this Code constitute a clear violation of the intentional standards.

--Penal Code no. 16/1960 applicable in the West Bank violate the international 
standards as it stipulates that 15 crimes are punished with death penalty; most 
of which are political crimes related to national security and incitement. The 
Code's terms are also open to interpretations due to which they can be easily 
employed in the liquidation of political opponents.

--The 1979 Revolutionary Penal Code stipulates 45 crimes punishable by death; 
most of which are political crimes. The law does not differentiate between the 
times of war and peace, particularly treason crimes. Moreover, some crimes 
punishable by death are not categorized within the most serious crimes such as 
"Offending and inciting against the revolution."

--The 2008 Palestinian Military Justice Code regulates sentences related to the 
application of death penalty in Articles (91, 96, 102 and 104), emphasizing 
death penalty. It should be mentioned that this law was enacted by the Change 
and Reform Bloc, which holds its sessions on behalf of the PLC in the Gaza 
Strip.

Eighth: PCHR's Position

PCHR is basically rejecting death penalty for human reasons par excellence. 
However, PCHR's hard work in this field is not only motivated by this position, 
it is rather based on the justice requirements.

As mentioned above, there are a number of constitutional and legal guarantees 
for the application of death penalty included in the Palestinian laws.

The PA, especially in the Gaza Strip, cannot be committed to these guarantees, 
which violates the PA obligations according to article 6 of the ICCPR.

Following is an explanation of PCHR's position towards death penalty and the 
basis on which death penalty should be abolished in the PA.

1.PCHR's Position against Death Penalty in General:

PCHR's position against death penalty relies on humane and moral grounds. PCHR 
believes that its position does not conflict with the spirit and teachings of 
Islam that aims at maintaining the human life. Grounds on which PCHR's position 
is based are:

--Death penalty is inhuman and considered as an unjustifiable murder in the 
name of justice.

--PCHR believes that death penalty is a form of degrading torture, so it must 
be stopped.

--Death penalty is irreversible. Thus, if the sentenced person was later found 
out innocent, the remedy is impossible. The judicial history reveals many cases 
where convicted persons were later proved innocent after applying death 
sentence against them.

--Death penalty has not proved any special deterrent capability. However, 
studies related to death penalty application in the USA proved that crime rate 
in some states, which use death penalty, has not decreased compared to those 
not using death penalty.

--The rule and enforcement of law not death penalty is a real deterrence to the 
crime.

--Death Penalty dishonors the human dignity for the sake of which human rights 
organizations were established, as it is considered the most serious form of 
cruel and inhuman treatment.

--Around 141 countries legally or effectively abolished death penalty. Thus, 
the world is moving towards the abolition of this inhuman punishment. 2.PCHR's 
Position against Death Penalty Particularly in the PA-Controlled Areas:

PCHR opposes the use of death penalty in the PA controlled areas due to lack of 
adequate guarantees for the application of such serious and irreversible 
punishment. PCHR's position justifications are as follows:

--Lack of necessary potentials in the PA to conduct a thorough investigation 
into crimes. Moreover, the absence of an independent forensic department and 
lack of a forensic laboratory defeat the possibility of having accurate 
results, which is indispensable to reach a conviction based on certainty. 
Criminal justice requires that conviction is based on certainty and not doubts. 
It is worth noting that confession or in flagrante in itself is not sufficient 
for conviction based on certainty. The judicial history around the world has 
unveiled that many of those who confessed themselves committing crimes or were 
caught in flagrante were later found innocent.

--The serious impacts of the Palestinian split on the judiciary, particularly 
the unity of the judiciary and constitutionality of its formation, requires 
stopping an irreversible punishment like death.

--Concerns relevant to using this penalty on political grounds, especially in 
view of the internal split, which will lead to the absence of serenity and 
security.

--The abolishment of death penalty in Palestine does not contradict with the 
Palestinian people's beliefs, as the abolishment goes in harmony with the 
spirit of the Islamic Shari'a, which imposed tough restrictions on its 
application and allowed suspending punishments during hard economic or social 
times. Moreover, the Shari'a confirmed that punishments must not be applied in 
case of any doubts. Prophet Mohammed (peace be upon him) said, "Prevent 
punishment in case of doubt", and said also, "Avoid legal punishments upon the 
Muslims as much as you are able". In light of the presence of the Israeli 
occupation in Palestine and the poor economic, social and cultural conditions 
left behind, the negative psychological and social impact on the Palestinian 
civilians and the Palestinian split and its negative impact on the judiciary, 
stopping the application of death penalty is not only permissible in Islam but 
obligatory also.

--The legislations applicable in the PA-controlled areas cannot be a penal 
reference in Palestine, especially when talking about a punishment that is as 
serious as death penalty. One of the laws applicable in the PA-controlled areas 
that stipulates death penalty was issued during the British Mandate; it is the 
Penal Code 74/1936 applied in Gaza, which is considered an immoral law because 
it was issued then to deter any attempts to claim the Palestinian rights. This 
negatively affected the provisions of the law that criminalize any act against 
the government. On the other hand, the 1974 Revolutionary Penal Code is 
unconstitutional because it was issued by a body that is ineligible in the PA. 
Moreover, many of its provisions violate the minimum standards of justice. A 
number of the 1960 Penal Code provisions applicable in the West Bank were 
mainly set to deter any political opposition.

Ninth: PCHR's Recommendation

PCHR calls upon the Palestinian President to sign the Second Optional Protocol 
to the ICCPR and to issue a Presidential decision to halt the application of 
this penalty until it is abolished by the PLC when convened;

1.Calls upon the PLC, when convened, to consider the Palestinian legislations 
and laws relevant to this punishment, mainly the Penal Code no. 74/1936 applied 
in the Gaza Strip and the Jordanian Penal Code no. 16/1960 applied in the West 
Bank, and to enact a unified penal code that goes in harmony with the 
international human rights conventions, including those relevant to death 
penalty.

2.Stresses the Palestinian President's position to not ratify any death 
sentence and highlights that ratifying death sentences is an exclusive power of 
the President according to the constitution and relevant laws. Moreover, no 
death sentence can be applied without the President's ratification.

--Raji Sourani is the Director of the Palestinian Center for Human Rights 
(PCHR) and winner of the Right Livelihood Award known as Alternative Nobel 
Prize in 2014.

(source: International Middle East Media Center)






PAKISTAN:

Pakistan Army chief General Raheel Sharif confirmed death sentence of 10 
terrorists


Pakistan Army chief General Raheel Sharif today confirmed death sentence handed 
down to 10 terrorists by military courts for their involvement in killing 
civilians, polio workers and armed forces personnel.

The 10 condemned terrorists, belonging to the banned Tehreek-i-Taliban Pakistan 
(TTP) rebel outfit, were convicted by speedy trial in military courts.

"These terrorists were involved in heinous offences related to terrorism, 
including killing of innocent civilians, polio workers, NGO employees, police 
officials and armed forces personnel," army said.

Fire-arms and explosives were also recovered from their possession.

The military courts were set up in Pakistan to expedite the trial process for 
terror-related offences following the December 2014 Talibans massacre at an 
army-run school in Peshawar in which over 150 people, mostly school children, 
were killed.

Following the attack, the government had lifted the moratorium on the death 
penalty and the Parliament passed the 21st amendment which established military 
courts which was challenged in the Supreme Court.

The top court ruled in favour of setting up of the courts in August last year.

It is not known where the trial was held and when the verdict of conviction 
announced, as the military courts work in secrecy due to fear of backlash by 
terrorists.

(source: ndtv.com)






MALAYSIA:

Death row: Be more transparent, Pardons Board, Prisons told


Amnesty International-Malaysia (AI-M) has urged for better transparency from 
the Pardons Board and the Prisons Department when it comes to the death 
penalty.

Speaking to FMT, AI-M Executive Director Shamini Darshni Kaliemuthu elaborated 
on her recent call for greater transparency in the use of the death penalty.

Shamini said at the moment, when the Pardons Board made a decision, it could go 
both ways, with an inmate either receiving clemency or being executed almost 
immediately.

Shamini said this was why better transparency was needed in how the Pardons 
Board and Prisons Department operated.

At present, due to a lack of transparency, inmates and families were not given 
sufficient notice, with some families being informed only 72 hours before an 
execution took place, making this a travesty of human rights.

Shamini said such short notice also meant a smaller window of opportunity for 
lawyers to file a last minute appeal or to present new evidence which could 
help change an inmate's fate.

Yesterday, Shamini called for greater transparency in the use of the death 
sentence after the handing over of birthday cards from Malaysians nationwide to 
Shahrul Izani Suparman, a death row inmate.

On Sept 25, 2003, Shahrul was arrested at a roadblock and police found 622g of 
cannabis, wrapped in 2 newspapers and placed in separate bags. He was sentenced 
to death on Dec 8, 2009.

The birthday cards effort was an initiative by Amnesty International Malaysia 
in conjunction with the 14th World Day Against Death Penalty, which falls on 
Oct 10 every year.

Shamini also supported a recent call by DAP lawmaker Ramkarpal Singh, who urged 
that the Pardons Board impose a time limit on clemency petitions for death row 
inmates as it was unfair to keep the condemned prisoners waiting as they 
languished on death row after exhausting all legal appeals.

Shamini said without a timeframe, death row inmates and their families were 
left in the lurch.

The Bukit Gelugor MP had voiced hope that the Pardons Board in every state 
would set a timeframe in deciding whether to approve petitions for clemency.

At present, there is no time limit for the board to dispose of such petitions.

The most recent execution in the country was that of former aircraft cabin 
cleaner Ahmad Najib Aris, who was hanged on Sept 23 for the murder of IT 
analyst Canny Ong Lay Kian in 2003 at Jalan Klang Lama, Petaling Jaya.

(source: freemalaysiatoday.com)