[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Sept. 28



IRAN:

U.S. Congress Resolution Condemns Iran Regime's Mass Executions


An article in the Huffington Post has highlighted a new resolution in the 
United States Congress on the 1988 massacre of political prisoners in Iran.

Dr. Majid Rafizadeh, President of the International American Council, wrote: "A 
resolution (H.Res. 159) was recently introduced in the U.S. Congress in 
reference to one of the worst mass executions of political prisoners since WWII 
by the Islamic Republic of Iran. The House Homeland Security Chair, Mike 
McCaul, introduced the resolution, which was cosponsored by the House Foreign 
Affairs Committee Chair Ed Royce, Ranking Member Eliot Engel, and Rules 
Committee Chair Rep. Peter Sessions. The resolution came as Hassan Rouhani, 
president of a government that ranked as the world's top executioner per 
capita, was addressing the 71st Session of the United Nations General 
Assembly."

In the run-up to Rouhani's speech, the Associated Press reported that thousands 
of protesters gathered outside the United Nations protesting Iran's human 
rights abuses, executions, and the 1988 massacre of more than 30,000 prisoners. 
The speakers included former Democratic vice presidential candidate and Senator 
Joe Lieberman, and Geoffrey Robertson, former Head of the UN war crimes 
tribunal for Sierra Leone who wrote a report on Iran 1988 massacre published on 
the United Nations Arts Initiative.

The resolution introduced in Congress "condemns the Government of the Islamic 
Republic of Iran for the 1988 massacre of political prisoners and [calls] for 
justice for the victims."

Rafizadeh pointed out that the resolution adds that "over a 4-month period in 
1988, the Government of the Islamic Republic of Iran carried out the barbaric 
mass executions of thousands of political prisoners and many unrelated 
political groups. ... [A]ccording to a report by the Iran Human Rights 
Documentation Center, the massacre was carried out pursuant to a fatwa, or 
religious decree, issued by then Supreme Leader Ayatollah Ruhollah Khomeini, 
that targeted the People's Mojahedin of Iran (PMOI), also known as the 
Mujahedeen-e-Khalq (MEK);"

The resolution quotes one of Iran's own senior former officials, who said the 
1988 massacre was "the greatest crime committed during the Islamic Republic, 
for which history will condemn us." Accordingly, in 1988, the Islamic Republic 
executed the thousands of prisoners, primarily affiliated with the main 
opposition movement Mujahedin-e Khalq (MEK), due to their political beliefs. 
The victims were buried in mass graves in Iran after they were shot or hung in 
matter of a few months.

According to a November 2, 2007, report by Amnesty International, "between 27 
July 1988 and the end of that year, thousands of political prisoners [in Iran], 
including prisoners of conscience, were executed in prisons nationwide."

The resolution adds that "Those personally responsible for these mass 
executions include senior officials serving in the current Government of Iran; 
... [P]risoners were reportedly brought before the commissions and briefly 
questioned about their political affiliation, and any prisoner who refused to 
renounce his or her affiliation with groups perceived as enemies by the regime 
was then taken away for execution," H.Res. 159 noted.

Accordingly, the victims included "thousands of people, including teenagers and 
pregnant women, imprisoned merely for participating in peaceful street protests 
and for possessing political reading material, many of whom had already served 
or were currently serving prison sentences."

The congressional resolution states, "[P]risoners were executed in groups, some 
in mass hangings and others by firing squad, with their bodies disposed of in 
mass graves."

According to Amnesty International, "the majority of those killed were 
supporters of the PMOI [MEK], but hundreds of members and supporters of other 
political groups . . . were also among the execution victims."

Based on the Congressional resolution, "The later waves of executions targeted 
religious minorities, such as members of the Baha'i faith, many of whom were 
often subjected to brutal torture before they were killed." It add "The 
families of the executed were denied information about their loved ones and 
were prohibited from mourning them in public".

The resolution mentions that "in a recently disclosed audiotape, the late 
Hussein Ali Montazeri, a grand ayatollah who served as Khomeini's chief deputy, 
noted the regime's efforts to target the MEK and said that the 1988 mass 
killings were "the greatest crime committed during the Islamic Republic, for 
which history will condemn us'."

A report by Amnesty International has concluded "there should be no impunity 
for human rights violations, no matter where or when they took place. The 1988 
executions should be subject to an independent impartial investigation, and all 
those responsible should be brought to justice, and receive appropriate 
penalties???"

According to the resolution, "The current Supreme Leader Ali Khamenei was 
reportedly aware of, and later publicly condoned the massacre."

"The Montazeri audiotape was disclosed by Ayatollah Hossein Ali Montazeri's 
son, Ahmad, a moderate cleric, who posted the confidential audio of his father 
on his website but was ordered by the intelligence to remove it," Rafizadeh 
writes.

Montazeri states in the tape, "You [Iranian officials] will be in the future 
etched in the annals of history as criminals. The greatest crime committed 
under the Islamic Republic, from the beginning of the Revolution until now, 
which will be condemned by history, is this crime [mass executions] committed 
by you."

Rafizadeh adds: "Ironically, all those people to whom Montazri is addressing 
and warning in the audio, all of those who were involved in these crimes, 
appear to enjoy high positions currently. Mostafa Pourmohammadi was a 
representative of the intelligence ministry to the notorious Evin prison, and 
he was appointed by the so-called moderate president Hassan Rowhani to be 
justice minister. Ebrahim Raeisi was a public prosecutor and is appointed to be 
the head of Astan Quds Razavi, which has billions of dollars in revenues."

One of Iran's current officials is Rouhani's justice minister Mostafa 
Pourmohammadi. Recently, after the release of a tape in which the Islamic 
Republic's no. 2 official was heard condemning the crime, Pourmohammadi 
defended the commission of the massacre and said he is "proud" to have carried 
out "God's commandments" in killing the political opponents.

Hussein Ali Nayeri was a judge and is now the deputy of the Supreme Court of 
Iran. In his memoir, Montzari writes that he told Nayeri to stop the executions 
at least in the month of Moharram religious holidays, but Nayeri said according 
to BBC: "We have executed so far 750 people in Tehran... we get the job done 
with [executing] another 200 people and then we will listen to whatever you 
say."

What is crucial to point out is that realistically speaking, these people are 
only few of those who were involved in such large scale crimes against 
humanity. They have been awarded more senior positions, power, and money.

Montazeri advised the ruling politicians that "Beware of 50 years from now, 
when people will pass judgment on the leader (Khomeini) and will say he was a 
bloodthirsty, brutal and murderous leader." It's worth noting that the 
revelation of this mass execution was pointing to only one summer of the 
37-year history of the Islamic Republic. What else is hidden there that we are 
not aware of?

The writings, messages and audio from Iran's ex-heir Supreme Leader highlight 
the systematic methods that the officials of the Islamic Republic use to 
oppress the opposition. Executions or brutal punishments against the opposition 
have become the cornerstone of Iran's political establishment as Iran ranks top 
in the world when it comes to executions per capita.

The Islamic Republic's 1988 massacre and Montazeri's audio point to one of the 
worst crimes against humanity committed in modern history and it continues to 
occur. It points to the means that the government uses to control the 
population and silence the opposition. It points to the interconnectedness of 
the government and repression, and it points to the dominance of the Islamic 
Revolutionary Guard Corps (IRGC), intelligence, Khamenei and their loyalists.

It is incumbent on human rights organizations, the United Nations, and the 
International Criminal Court (ICC) to conduct rigorous investigations and bring 
those who have committed and continue to commit these crimes - and more likely 
who currently serve in high positions in Iran - to justice. Calls to bring 
these people to justice are increasing. No individual or institution that 
commits crimes against humanity should live comfortably without being held 
accountable.

Finally, it is incumbent on the Congress and everyone who wanted to be on the 
right side of justice to follow up with the following points mentioned in the 
recent Congressional resolution:

"1. condemn the Government of the Islamic Republic of Iran for the 1988 
massacre, and for denying the evidence of this manifest set of crimes against 
humanity;

2. urge the Administration and United States allies to publicly condemn the 
massacre, and pressure the Government of Iran to provide detailed information 
to the families of the victims about their loved ones and their final resting 
places; and

3. urge the United Nations Special Rapporteur on the human rights situation in 
Iran and the United Nations Human Rights Council to create a Commission of 
Inquiry to fully investigate the massacre and to gather evidence and identify 
the names 15 and roles of specific perpetrators with a view towards bringing 
them to justice."

(source: NCR-Iran)






BANGLADESH:

4 to die for murdering cattle trader


A Barguna court on Wednesday sentenced 4 people to death penalty and 2 others 
to life-term imprisonment for killing a cattle trader 4 years back.

The court also sentenced the convicts to 3 years in jail and fined Tk100,000 
each in another charge.

The 4 who were give death penalty are Shahidul Islam Chowkidar, Barek 
Chowkidar, Bashir Matubbar and Moazzem.

People who have been jailed for life are Abdur Rob Chowkidar and Mozibur.

Additional District and Sessions Judge Muhammad Abu Taher announced the verdict 
after cross-checking 19 witnesses and examining documents.

According to the prosecution, Naya Mia was thrashed to death on April 10, 2012 
when he was returning home at Cholavanga village. The murderers also snatched 
Tk70,000 from him.

Md Nasir Uddin, son of Naya Mia, a resident of Chalbhanga village under Amtali 
upzila, filed a case with Amtali police station accusing the 6 people.

After the announcement of the verdict, Nasir said: "My father has been killed 
by the hoodlums. We are happy with the verdict. We are also demanding speedy 
execution of the verdict."

Defence counsel Kamal Kanti Das, however, said they were not happy with the 
verdict and would challenge the conviction in High Court.

(source: Dhaka Tribuine)






PAKISTAN:

Pakistani court upholds death penalty for mentally ill man


Pakistan's Supreme Court on Tuesday upheld the death penalty against a mentally 
ill man convicted of murder, overturning a previous appeal and a court decision 
staying his execution, an international rights group said.

The court dismissed Imdad Ali's appeal, saying a large proportion of prisoners 
suffer from mental illness and they cannot let everyone go, the Reprieve group 
said in a statement.

It urged Pakistan to spare Ali, saying his execution would be a violation of 
both Pakistani and international laws. Harriet McCulloch, deputy director of 
the death penalty team at Reprieve, said it was "indisputable that Imdad 
suffers from serious mental illness."

Sara Bilal, a lawyer at Justice Project Pakistan, said authorities can soon set 
a new date for Ali's execution. He has been on death row since he was convicted 
in 2001. Bilal says he has been diagnosed with schizophrenia.

Ali was due to be executed on Sept. 20, after Pakistan's president rejected a 
clemency request, but a last-minute Supreme Court decision temporarily stayed 
his execution. Bilal said she sent a new clemency petition to the president 
from Ali's family.

4 UN human rights experts have also urged Pakistan to halt the execution. Agnes 
Callamard, Special Rapporteur on executions; Juan E. Mendez, Special Rapporteur 
on torture; Monica Pinto, Special Rapporteur for judicial independence; and 
Dainius Puras, Special Rapporteur on the right to physical and mental health, 
said Ali could be executed within a week.

(source: alarabiya.com)




MALAYSIA:

A Man In Malaysia Was Just Sentenced To Death For Selling Weed


A man living near Kuala Lumpur, Malaysia was just found guilty of trafficking 
cannabis. As a result, he's been given a death sentence. There have been 
debates in the country recently about its harsh marijuana laws. But so far, no 
changes to those rules have been made.

The Details

A 32-year-old man named Ibrahim Musa Rifa'l was given a guilty verdict this 
week after he was caught trafficking cannabis. Back in April of 2014, Ibrahim 
was discovered with 9.63 kg of marijuana. That's a little more than 21 pounds.

After being caught with the weed, he was charged with 2 separate counts of 
cannabis trafficking. The 1st was for trafficking in 8.18 kg of marijuana. And 
the 2nd was for trafficking in 0.72 kg of marijuana.

The man's trial officially began on April 4 of this year. And now, at the 
conclusion of the trial, he was found guilty of both charges. The judge gave 
Ibrahim the death sentence.

ROLL-UH-BOWL

According to sources in Malaysia, Ibrahim was sentenced according to the 
country's Dangerous Drugs Act of 1952. According to that set of laws, cannabis 
trafficking comes with a mandatory death penalty.

Time To Rethink The Global War On Drugs

Ibrahim's death sentence once again raises important questions about the global 
war on drugs. Earlier this year, the UN hosted the 2016 UN General Assembly 
Special Session, and the primary focus was drug policy. Before the assembly 
met, the Global Commission on Drug Policy issued a statement urging the UN to 
call for an end to the global war on drugs.

The debate about the war on drugs - and especially about anti-cannabis laws - 
is becoming more widespread around the world. And that debate has been heating 
up in Malaysia, too.

In February of this year, prominent health care officials and lawmakers sparred 
over the country's anti-pot laws. A well-known doctor named Nadiah Norudin 
spoke out against a proposal to decriminalize marijuana. She claimed that more 
relaxed cannabis laws would be dangerous to children and young people.

But lawmaker Syed Rosli Jamalulail quickly fought back in the media. He said 
that Norudin's statements weren't backed up by data. He also accused her of 
trying to demonize medical cannabis so that it wouldn't compete with 
prescription meds.

Final Hit

In any case, these most recent developments in Malaysia should be a wake-up 
call to the world. Sentencing a person to death for selling cannabis is the 
most extreme example of the widespread harm caused by the global war on drugs.

(source: Green Rush Daily)






ZIMBABWE:

Mnangagwa taken to court by death row men


The Constitutional Court will this Wednesday hear the challenge by Farai 
Lawrence Ndlovu & Wisdom Gochera versus the Minister of Justice Legal and 
Parliamentary Affairs, Emmerson Mnangagwa and the Attorney General Prince 
Machaya, on the constitutionality of the death penalty.

In the applicants' founding Affidavit Ndlovu who is the 1st applicant is 
currently on death row and is incarcerated at Chikurubi Maximum Prison, his 
prison number is 662/ 14, while the 2nd applicant Gochera is also on death row 
at the same prison, his number is 649/ 13. The applicants were convicted and 
sentenced for murder before the new constitution come into effect and are both 
awaiting execution.

The 1st applicant was convicted of murder by Justice Misheck Cheda in the High 
Court of Bulawayo on 24 May 2012, his automatic appeal under SC36/ 14 was 
thrown out of the Supreme Court on 8 May 2014.

The 2nd applicant was convicted of murder, by Justice Benjamin Paradza on 27 
July 2002, and his automatic appeal was also dismissed by the Chief Justice 
with the concurrence of the Deputy Chief Justice and Gawunza JA under judgement 
number SC33/ 05 on 6 September 2005.

The 2 applicants, represented by prominent lawyer Tendai Biti who is also 
People's Democratic Party leader, are challenging that the new constitution of 
Zimbabwe provides them with the right to life under section 48 of the 
Constitution of Zimbabwe, therefore cannot be executed now.

In the court papers, the case which is cited as Ndlovu & Another V Minister of 
Justice & Another, the applicants made it clear that they are not contending 
that their convictions and sentencing were unconstitutional or otherwise 
unlawful when they were imposed. They however, contend that the conditions have 
changed since the new constitution entered into force in 2013.

They further contend that the old law in which they were convicted does not 
apply to them as it is not in conformity with the new constitution, and that 
there cannot be any execution of any prisoner or any death sentence in Zimbabwe 
until law envisaged under section 48 (2) of the constitution has been passed. 
The state however, argues that the law that there cannot be any execution in 
Zimbabwe is not there in the statutes.

The state (the respondent) through the Attorney General's Office maintains that 
the applicants are misguided. In its heads of argument the respondent states 
that when the constitution comes into commencement the rights guaranteed in the 
constitution under chapter 4 being the declaration of rights under which the 
right to life is sanctioned, come into commencement on the publication day.

"The right to life guaranteed under s48 (1) of the constitution was therefore 
effective from the date of publication of the current constitution which was 22 
May 2013. Nowhere is it stated in the text that the constitution shall have a 
retrospective effect," argues the state.

The state's argument is therefore that the applicants cannot argue that the 
provisions of the new constitution cover them as they were both convicted and 
sentenced before the publication date. In other words section 48 (1) of the 
constitution does not render unconstitutional or unlawful the imposition of the 
death penalty upon both applicants at the relevant times.

Human life is God given. No one has the right to take away another person's 
life. Democracy and the right to human dignity does not being one sided and 
turning a blind eye the rights of others. In that regard the state further 
argue that applicants need not to lose sight that by committing murder they 
also violated an equally important right, the right to life.

"The applicants failed to respect the right to life and human dignity as they 
applied to other persons, and democracy in a open and democratic society based 
on human rights, dignity, equality, and freedom demands that they face the 
consequences of their actions.

"The new constitution cannot apply in retrospect in favour of the applicants, 
but clearly apply to persons who were convicted after the publication date as 
explicitly provided for under part II, section 3 (1) (b) of the sixth 
schedule," added the state.

The new constitution provides in section 48 (2) (e) that such persons on death 
row to qualify to have their capital punishment commuted to life sentences need 
to apply to the President of the Republic of Zimbabwe.

According to the applicants' papers, the constitutional court will therefore 
consider if the new Constitution saves and preserves the death penalty or, 
rather, whether those persons that have not been executed can be, executed 
before the law envisaged in Section 48 (2) has been passed. At the end of the 
day, the Court will have to consider whether or not, as argued by the State, 
the Constitution applies retrospectively in respect of convicted persons 
awaiting execution.

(source: zimnews.net)