[Deathpenalty] death penalty news----worldwide----INDIA, PAKIS., NIGER., SOMAL., IRAN

[Rick Halperin]

April 29




INDIA:

Kerala's curative plea seeking death penalty in Soumya murder case rejected by 
SC


An apex court Bench comprising of Justices Ranjan Gogoi, PC Pant and UU Lalit 
commuted the death sentence of the man, Govindachamy.

The Supreme Court rejected Kerala's curative petition that sought the death 
penalty for a convict Govindachamy, in the Soumya murder case.

"Having gone through the Curative Petitions and the relevant documents, in our 
considered opinion, no case is made out within the parameters indicated in the 
decision of this Court in Rupa Ashok Hurra Vs. Ashok Hurra & Anr., reported in 
2002 (4) SCC 388. The Curative Petitions are, accordingly, dismissed," a 
6-judge bench looking into this matter ruled.

The Kerala state government had filed the petition after the Supreme Court in 
its 2016 order had set aside the Kerala High Court judgment awarding the 
assailant Govindachamy the death penalty.

An apex court Bench comprising of Justices Ranjan Gogoi, PC Pant and UU Lalit 
had, in September last year, found Govindachamy guilty of rape. However, the 
bench had overturned the high court order sentencing him to death and instead 
awarded him a life sentence.

Interestingly, in November, the Supreme Court had initiated contempt 
proceedings against Justice Markandey Katju after the former SC judge had made 
personal remarks in 2 posts - on September 17 and 18 - on a social networking 
site against judges who had pronounced a ruling on the Soumya rape-murder case. 
A bench led by the same justices who had presided over the matter had claimed 
that the posts were, "a serious assault on judges, not on judgments."

Justice Katju had been invited by the Justice Gogoi-led bench to debate on the 
several "fundamental flaws" that it had allegedly committed in its September 15 
judgement on the well publicised Soumya murder and rape case in 2011. The bench 
commuted the death sentence of the man, Govindachamy, who had been convicted of 
these crimes.

Katju had commented in his posts that the SC had seriously "erred in law" in 
its judgment. His post had said, "This was a grave error in the judgment, not 
expected of judges who had been in the legal world for decades. Even a student 
of law in a law college knows this elementary principle that hearsay evidence 
is inadmissible."

However, In January 2017, the contempt proceedings were withdrawn, after 
Justice Katju tendered an unconditional apology to the judges in this matter.

(source: dnaindia.com)






PAKISTAN:

Pakistan top in death penalty executions in Asia----Bangladesh 2nd


At least 130 executions were carried out in 11 Asian countries in 2016. The 
vast majority of them were executed in Pakistan. However there is no data 
available about executions in China, still believed to be by far the world's 
top executioner.

Overall the number of executions has decreased in the Asia pacific region due 
to a significant reduction in Pakistan. The total number of executions in the 
region fell from 367 in 2015 to 239 in 2016.

Although the number of executions in Pakistan has decreased from 326 in 2015 to 
87 in 2016, it still tops the list of the countries with highest number of 
executions in the Asian region. The range of those executed varied from 
prisoners tried by military courts to those suspected of undertaking terrorist 
activities.

Bangladesh executed 10 people in 2016. 8 out of the 10 were convicted of murder 
while 2 were tried by International Crimes Tribunal (Bangladesh) for the war 
crimes committed in 1971.

With secrecy around death penalties slightly lifted, Malaysia has seen an 
increase in the executions with 9 in 2016, compared to 6 in 2014 and 1 in 2015.

In Afghanistan where almost 600 people were under sentence of death by the end 
of the year, in 2016, 8 people were executed related to terrorist activities.

Indonesia executed 4 people in the year 2016, 3 of them foreigners and 1 
Indonesian. All 4 men were convicted of drug related offenses.

2 men who were executed had their clemency applications pending for a review 
when the executions were undertaken.

Singapore carried 4 executions in 2016 for murder and drug trafficking. 2 of 
the 4 executed were Malaysian nationals and 1 was Nigerian. The country has 
also issued new restrictive guidelines for reviewing the death sentences of 
those convicted.

Japan executed 3 people in 2016, 2 men and 1 woman. The country's Federation of 
Bar Association has called on the authorities to abolish the death penalty by 
the year 2020.

Taiwan executed 1 person within 3 weeks after his sentence was finalised.

(source: The Daily Star)

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

To the gallows: Court awards death penalty, life term to 2 in murder case


A court awarded death sentence and life term to 2 accused for their involvement 
in a murder case in Sargodha on Friday.

The judgment was announced by Additional District and Sessions Judge Saadat 
Hussain Malik.

The prosecution told the court that accused Saqi Javed, resident of Buland 
village, Tehsil Johrabad, and his accomplices Ghulam Qadir, Muhammad Ijaz and 
Mariam Bibi had gunned down Sana Bibi over a dispute on July 11, 2015.

The local police registered a case against the accused and presented the 
challan before the court. After hearing the arguments, the judge handed down 
death sentence to Saqi Javed and awarded life imprisonment to Ghulam Qadir. 
However, the court acquitted Ijaz and Mariam Bibi due to lack of evidence.

Earlier in February 2017, Additional District and Sessions Judge Muhammad 
Abubakkar Saddique awarded 25 years imprisonment to 2 murder convicts in a 
murder case within Cantonment police station.

The prosecution told the court on November 27, 2012, accused Iftikhar and Yar 
Maseeh, residents of PWD Colony, Sargodha gunned down a citizen Sher Ali over 
enmity.

The police registered case against the accused and sent challan to the court. 
After hearing the arguments the court awarded 25 years imprisonment each to 
Iftikhar and Yar Maseeh and imposed a fine of Rs4 millionas compensation money.

(source: The Express Tribune)






NIGERIA:

Nigerian govt blasts Amnesty International, defends death penalty


The Foreign Affairs Ministry has frowned on calls by Amnesty International, AI, 
on the federal government to halt the planned execution of some inmates on 
death row in Lagos State.

The ministry made the remark in a statement issued by Olushola Enikanolaiye, 
its Permanent Secretary, on Friday in Abuja.

Mr. Enikanolaye stated that the AI had on April 21, urged the federal 
government to establish an official moratorium, with a view to abolishing the 
death penalty.

The permanent secretary, however, said that the Lagos State Government had yet 
to officially confirm its intention to carry out executions at the Kirikiri 
Prisons.

According to him, the federal government acknowledges the growing global 
preference for the abolition of death penalty.

He said that the federal government was aware that total abolition of the 
capital punishment was yet to be established as a globally acceptable human 
rights norm.

Mr. Enikanolaye said the claim by the AI that death penalty was an outdated and 
cruel punishment which violated the right to life was just propaganda by the 
organisation.

He said that AI by its claim ignored the rights of the traumatised family 
members of victims of violent crimes and rather threw its weight behind those 
who committed heinous crimes against Nigerians.

Mr. Enikanolaye explained that death penalty, as contained in Article 6 of the 
International Convention on Civil and Political Rights was an exception to the 
right to life as long as it was not arbitrarily imposed.

"Furthermore, it is reaffirmed that Nigeria, incontrovertibly possesses the 
sovereign right to determine its laws and operate a criminal justice system 
within the rule of law.

"The imposition of death penalty is a constitutional matter in Nigeria clearly 
spelt out under Sections 33(1) and 34(1)(a) of the 1999 Constitution (as 
amended).

"As AI is probably aware, in every democracy, sovereignty belongs to the 
people," he said.

According to him, it is therefore repugnant and imprudent for AI to continue 
condemning Nigeria's criminal justice system on the basis of AI's randomly 
conducted experiment on the use of the death penalty.

"AI should refocus attention on defending the rights of the traumatised family 
members of victims of violent crimes, rather than the veiled support for those 
who have committed heinous crimes against the Nigerian people.

"The Federal Government of Nigeria remains committed to complying with its 
international human rights obligations while upholding the Constitution and the 
demonstrated will of the Nigerian people.

"The Federal Government has not deviated from its stated position of a 
self-imposed de facto moratorium on execution of the death penalty on federal 
cases following the restoration of democracy in 1999," he said.

He, however, noted that the federalist nature of democracy equally makes death 
penalty the prerogative of the state governments to impose and execute in 
accordance with the Constitution.

According to him, the federal government duly recognises that there is no right 
more sacred than the right to life.

"Hence, the precondition for imposing the ultimate penalty in Nigeria is 
conducted with impeccable fairness and propriety, as the Nigerian Judiciary 
follows an exacting standard and a heightened level of due process in the 
prosecution of death penalty cases.

"Thus, the well established safeguards for the prevention of wrongful 
conviction and execution of the death penalty are fully operational in these 
cases," he said.

(source: premiumtimesngh.com)






SOMALIA:

Halt execution spree of children in Puntland


The authorities in Somalia's semi-autonomous Puntland region must immediately 
halt plans to execute 2 boys sentenced to death by a military tribunal in 
February for their alleged role in the armed group Al-Shabaab's killing of 3 
senior administration officials, said Amnesty International.

The organization has learnt that Muhamed Yasin Abdi, 17, and Daud Saied Sahal, 
15, could be put to death at any moment after 5 other boys - all aged between 
14 and 17 - were executed on 8 April for the killings.

"These 5 boys were executed following a fundamentally flawed process during 
which they were tortured to confess, denied access to a lawyer and additional 
protections accorded to juveniles, and tried in a military tribunal. The lives 
of the remaining 2 boys must be spared" said Michelle Kagari, Amnesty 
International's Deputy Regional Director for East Africa, the Horn and the 
Great Lakes.

"The Puntland authorities must not allow more blood on their hands. They should 
halt the executions and retry the boys in fair proceedings in a juvenile 
civilian court without recourse to the death penalty. Those responsible for 
killing the 3 administration officials need to be identified and brought to 
justice - torturing juveniles to confess, subjecting them to an unfair trial 
and then executing them does not ensure this."

Family members told Amnesty International that the boys, who they deny were 
members of the Al-Shabaab militant group, were subjected to electric shock, 
burnt with cigarettes on their genitals, beaten and raped into confessing to 
the murders.

"These horrific allegations of torture must be fully and independently 
investigated and those found responsible held to account. Puntland must also 
stop the practice of trying civilians in military courts," said Michelle 
Kagari.

Amnesty International believes the death penalty is cruel, inhuman and 
degrading, and opposes it at all times - regardless of who is accused, the 
crime, guilt or innocence or method of execution.

(source: Amnesty International)






IRAN----execution

Unidentified Prisoner Executed


An unidentified prisoner was reportedly hanged at Birjand Central Prison (South 
Khorasan province) on rape charges.

According to a report by the Iranian state run news agency Khavarestan, the 
prisoner was 27 years old at the time of execution. The report does not mention 
the prisoner's name nor the date of execution.

(source: iranhr.net)

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

With 2 executions of minors looming, UN rights experts urge Iran to halt death 
penalty


At least 90 people on death row in Iran are under the age of 18, United Nations 
human rights experts today said, urging authorities to abide with international 
law and immediately stop these executions.

The call comes as 2 people - one 17 at the time of sentencing, and one 15 - 
were given dates for the sentencing.

"These executions must be halted immediately and the death sentences quashed. 
We also call on Iran to commute without delay all such sentences imposed on 
children," said Asma Jahangir, Special Rapporteur on the situation of human 
rights in the Islamic Republic of Iran; Agnes Callamard, Special Rapporteur on 
extrajudicial, summary or arbitrary executions; and Benyam Dawit Mezmur, 
Chairperson of the Committee on the Rights of the Child.

Mehdi Bohlouli, who was 17 at the time of his sentencing in 2001, was due to be 
executed on 19 April. His execution was halted a few hours earlier but the 
status of his sentencing is unclear.

Meanwhile, Peyman Barandah, who was sentenced in 2012 at the age of 15, is 
scheduled to be executed on 10 May.

"These 2 cases bring the total of juvenile offenders scheduled for execution 
that we have become aware of in Iran since January to 6. They include the cases 
of 2 young persons whose executions was carried out," the experts noted.

In 2013, Iran amended its Islamic Penal Code and opened the possibility of 
juveniles sentenced to death to be allowed retrials. Later, assurances were 
given in 2016 by Iran to the UN Committee on the Rights of the Child that this 
amendment would apply systematically for all juveniles who are currently on 
death row.

In addition, the experts pointed out that by ratifying both the International 
Covenant on Civil and Political Rights and the Convention on the Rights of the 
Child, Iran has committed itself to protecting and respecting children's right 
to life as well as to outlaw the death penalty for all those under the age of 
18.

"These promises have not been fulfilled: Some of the young men executed 
recently were not even aware of the possibility of retrials, and the requests 
made by Mehdi Bohlouli and Peyman Barandah for retrial were simply rejected by 
the Supreme Court," said the experts, adding that in numerous other cases, the 
courts had simply sentenced juvenile offenders to death again after retrials.

Special Rapporteurs and independent experts are appointed by the Geneva-based 
UN Human Rights Council to examine and report back on a specific human rights 
theme or a country situation. The positions are honorary and the experts are 
not UN staff, nor are they paid for their work.

(source: un.org)