[Deathpenalty] death penalty news----worldwide
Rick Halperin
rhalperi at smu.edu
Sun Feb 5 10:09:26 CST 2017
Feb. 5
TRINIDAD & TOBAGO:
Death penalty can be carried out in T&T
The death penalty can be carried out in T&T, but the Government has to take the
appropriate action and demonstrate the political will to have it done, Senior
Counsel Peter Pursglove has said.
Pursglove was the legal consultant to former attorney general Ramesh Lawrence
Maharaj charged with responsibility for implementing the death penalty in this
country.
He is currently a legal consultant for the Commonwealth Fund for Technical
Co-operation.
In 1999, when Maharaj was this country's attorney general crime boss Dole
Chadee and his gang, as well as convicted killer Anthony Briggs, were hanged.
Briggs, who was executed on July 28, 1999, was the last person to be hanged in
this country.
"As the former head of the Case Management Unit responsible for ensuring that
the lawful penalty for murder was implemented, I feel it is my duty to inform
members of the public and the Government of the facts concerning the
implementation of the death penalty so that decisions about the death penalty
may be made in the public interest," Pursglove stated.
With more than 60 people being killed for the year already, there have been
renewed calls for the reimplementation of the death penalty as a punishment for
murder.
"There is no merit to the excuse that since 2001, after former Attorney General
Mr Maharaj demitted office, the failure of governments to implement the death
penalty is all the fault of the Privy Council and the International Human
Rights Bodies," Pursglove said.
Pursglove said it is wrong for the Inter-American Commission and the
Inter-American Court of Human Rights to be singled out for "particular blame".
The Inter-American Court of Human Rights no longer has any jurisdiction over
cases from T&T, Pursglove said.
"In the circumstances, it is important for the country to be informed as to
what successive governments have done since 2001 to carry out the death penalty
because it is not true to represent to the public that the appeal processes
before the Privy Council and the Human Rights Bodies frustrated the carrying
out of the death penalty. The facts show that the death penalty was carried out
before 2001 and that the death penalty could be carried out today," Pursglove
said.
"The Privy Council in Pratt v Morgan and the Caribbean Court of Justice in
later rulings simply laid down the general rule that the death penalty should
be implemented within 5 years of conviction. Bearing that rule in mind,
attorney general Maharaj established a Case Management Unit headed by me to put
systems in place to carry out the death penalty. That Case Management Unit
monitored all murder cases before the Magistrates' Court, the High Court, the
Court of Appeal, the Privy Council, and the International Human Rights Bodies.
The facts show that Dole Chadee, his 8 co-accused, and Anthony Briggs all used
the appeal processes in an attempt to frustrate the carrying out of the death
penalty. The work done by the Case Management Unit ensured that they were not
permitted to do so," he said.
(source: Trinidad Guardian)
MALAYSIA/SINGAPORE:
Mother of Malaysian on death row in Singapore, claims her son did not have a
fair trial
The family of a Malaysian man convicted of trafficking and sentenced to hang in
Singapore has appealed for a judicial review at the KL High Court, claiming
that the Malaysian citizen was deprived of a fair trial.
Datchinamurthy Kataiah (32) was sentenced to death in April 2015. He was
convicted in Singapore on trafficking 44g of heroine across the Causeway from
Johor to Singapore in January 2011.
By the judicial review, Kataiah and his mother Letchumi Arumugam are asking the
Malaysian Government to refer the case to the International Court.
The Star reported that both are also seeking the Malaysian Government and
Foreign Ministry to declare that they are legally obliged to protect and give
Kataiah a right to a fair trial and/or right to life and liberty.
"We are alleging that he was denied a fair trial in Singapore," Kataiah's
lawyer N. Surendran told reporters at the lobby of the KL Court Complex on
Friday (3 Feb).
"All appeals have been exhausted and it is urgent that the application is heard
and that the Government takes the necessary steps," he said.
Mr Surendran said that there was a co-accused, a Singaporean woman, involved in
Kataiah's case.
Mr Surendran said that the Singapore Attorney General (AG) gave the Singaporean
woman a certificate of cooperation, that gave her a life sentence. However, the
certificate was not given to Kataiah.
"That itself raises issues relating to (a fair trial). The whole system is
unfair; it's not up to AG to decide who lives or dies." said Surendran.
"The (Malaysian) Government should be doing everything necessary to protect
Malaysians overseas facing serious trouble. A human life is at stake here," Mr
Surendran added.
Kataiah's mother Arumugam said that she could not accept her son's death
penalty.
Mr Surendran translating what Mrs Arumugam have said in Tamil, "The trial was
not fair ... the process was never done properly. It is something that he can't
accept and I can't accept."
"I hope my country Malaysia would do something to help me. I am not just asking
for myself, there are also other Malaysians on death row," she pleaded.
Mrs Arumugam urged the Malaysian Government to fight for her citizens, as lives
hang in the balance.
"My son was unfairly punished. I beg and plead to everyone, please fight for my
son; please stop this. Save my son, save my son from the noose. He is not a
terrorist," she cried.
Mr M Ravi, the representative of Singapore anti-death penalty campaign said the
issue is about the fairness in the process, not the death penalty per se. "The
(Singapore) law gives the AG the power to decide who lives and who dies," Mr
Ravi said.
He confirmed the AG can give a certificate of cooperation so that an accused
can be re-sentenced. "If you don't get the certificate, you don't get to be
heard in court. That is a violation of international law and it affects a fair
trial," he said.
Leong Sze Hian, president of Maruah, Singapore Non-Government Organisation for
Human Rights, said that according to the latest statistics, there are 24 people
on death row in Singapore, of which 9 are Malaysians.
"I believe 2 have already been executed," Mr Leong said.
(source: theonlinecitizen.com)
ZAMBIA:
Effect death penalty-Law don
A ZAMBIA Open University Law lecturer Mulenga Besa has called for the effecting
of the death penalty sentences following recent spates of spousal murders in
the country.
Mr Besa said effecting the death penalty sentences will instil fear and respect
of the law in the would-be offenders.
"We are not saying the effecting of death penalty sentences can end the murders
or related crimes but it will to a great degree reduce these cases," Mr Besa
said.
He cited an example of the United States of America (USA) where murder-related
cases were less in States that have enforced the death penalty comparerd to
those that haven't.
Mr Besa said the constitution was already in place and once enforced by the
sitting President, it would act as a restraint to murder-related cases and
other crimes that attract death penalty.
And Zambia Correctional Service Commissioner General Percy Chato said the
country still has the department of the Public Executor responsible for
executions of death convicts as the law on death sentence has not been revised.
He said even the constitution has the provision but that several years have
passed without it being enforced.
But Jesuit Centre for Theological Reflection (JCTR) executive director Leonard
Chiti says it was time the death penalty was abolished in Zambia.
Fr Chiti said as a church-based organisation, death penalty was not the
ultimate answer to stop murder-related crimes in the country.
He said many years have passed without Presidents signing for executions.
"We are a Christian Nation and we should believe in forgiveness and love, and
we should even put more emphasis on reconciliation because executing a person
would not stop the vice," Fr Chiti said.
There have been no executions in Zambia for those sentenced to death since
1997.
The calls to effect the death penalty sentences comes in the wake of the rising
cases of brutal spousal murders and suspected ritual killings that have in the
recent past made headlines in the media.
(source: ukzambians.co.uk)
BANGLADESH:
7-murder death row convict arrested in Magura
Police this morning arrested a death row convict of Narayanganj 7-murder case.
Enamul Kabir, 40, a sacked official of Rapid Action Battalion, was arrested at
Bhainar intersection of Magura town around 11:30am, Azmol Huda,
officer-in-charge (OC) of Sadar Police Station, told The Daily Star.
Enamul is 1 of the 26 people who were sentenced to death over the killing of 7
people, including the then Narayanganj City Corporation (NCC) panel mayor
Nazrul Islam and senior lawyer Chandan Sarker.
Enamul was a fugitive in the case when the court delivered the verdict.
Among the condemned convicts, 16 are former Rab members who include the then
commanding officer of Rab-11 in Narayanganj Lt Col Tareque Sayeed Mohammad, the
then company commanders of Rab-11 Maj Arif Hossain and Lt Commander Masud Rana.
The arrest was made based on a tip-off, the OC said adding that steps are being
taken to hand him over to the judicial magistrate's court in the district.
A court in Narayanganj on January 16 handed down death penalty to 26 people and
jailed 9 other accused for various terms, from 7 to 17 years.
On April 27, 2014, the 7 people were abducted from Dhaka-Narayanganj link road.
Later, their bodies were found floating in the Shitalakkhya river.
The nation stood aghast at the extent of the brutality. The family members and
relatives of the victims mobilised public support and waged a movement
demanding justice.
(source: The Daily Star)
NIGERIA:
NAWOJ seeks death penalty for rapists
The National Association of Women Journalists (NAWOJ) has advocated death
sentence for rapists.
In a communique after the association's congress in Lagos, it said rapists do
not deserve to be treated lightly at all.
NAWOJ said: "The Police and parents should be ready to report and follow cases
of rape to the latter.
"Mothers should make sure their grown up children are well dressed and
government should pass a death penalty for rape."
The congress also called on government to urgently do something about the
economy, saying access to drug and medical care is becoming more difficult.
(source: thenationonlineng.net)
PHILIPPINES:
Alvarez upbeat on death penalty okay
SPEAKER Pantaleon Alvarez brushed aside the big number of interpellators who
are against the death penalty.
Alvarez said despite the number of anti-death penalty solons, he is still
confident that the measure will be approved during the term of President
Rodrigo Duterte.
Earlier, a list of interpellators was already submitted to plenary. They
include the initial 25 solons who will express their opposition to the
restoration of capital punishment for heinous crimes.
According to one of the Minority leaders, Albay Rep. Edcel Lagman, about 50
lawmakers - and still counting - will question the House Bill 4727. Most of
those against are from the supermajority bloc.
But the Speaker said he is not bothered by the number as he is pretty sure that
the bill will be approved.
He pointed out that, in terms of party stand, the PDP-Laban is fully supporting
it.
When asked if he will impose a party vote instead of conscience vote, Alvarez
said "everything is possible."
(source: journal.com.ph)
********************
Palace calls for debates on death penalty bill
A Malacanang official has called for public debates on the proposed
re-imposition of the death penalty as legislators begin tackling the issue in
Congress.
In a radio interview, Presidential Communications Secretary Martin Andanar said
the proposal would need extensive consultation, to determine public sentiment.
"For those who support death penalty, you just write your congressman, your
senator or you join in the public discourse. That's part of the democratic
process. There are senators who are against it and those who are not, it's part
of it. They have their own opinions," he said.
Andanar however said the Duterte government believes the death penalty "will
help discourage the criminals from doing all of these criminal activities, to
deter them from doing it."
"If the people speak out, if they participate in the debates that are being
sponsored by the churches, I think the congressional leadership will listen. Of
course, we are a free society, we have a market of ideas and we know as a
Catholic nation there is really opposition to it (death penalty)," he added.
House Bill 4727, the bill seeking to restore capital punishment, reached the
House plenary for sponsorship on Wednesday, but it was not debated upon because
the session was dedicated to privilege speeches. Also, the quorum was not
maintained.
The bill is a priority in the House of Representatives. It seeks to impose the
death penalty on more than 20 heinous offenses, such as rape with homicide,
kidnapping for ransom and arson with death.
The revival of the death penalty was a campaign promise of President Rodrigo
Duterte, and he has called for the swift passage of the measure despite strong
opposition from the Catholic Church and human rights groups.
The death penalty in the Philippines was abolished after the ratification of
the 1987 Constitution. In 1993, Congress passed Republic Act 7659, or the Death
Penalty Law, which re-imposed capital punishment.
Former President Gloria Macapagal-Arroyo abolished capital punishment in June
2006 when she signed Republic Act 9346, also known as An Act Prohibiting the
Imposition of the Death Penalty in the Philippines.
(source: Manila Times)
IRAN:
Iran sentences professor at Belgian university to death 'without trial' for
alleged espionage----'This is an outrageous violation of universal human
rights,' says head of institution
A scientist who worked for a Belgian university has been sentenced to death in
Iran on suspicion of espionage.
Ahmadreza Djalali, an Iranian national and professor of disaster medicine at
the Vrije Universiteit Brussel (VUB), was arrested in April 2016 while visiting
family in the country.
He is due to be executed in 2 weeks, according to VUB.
Dr Djalali's family and colleagues kept news of the arrest quiet in an attempt
to avoid worsening the situation but have spoken out following the issuance of
the death penalty.
The VUB announced the news on their website, claiming Dr Djalali had not had a
trial or seen a lawyer.
The university's rector, Caroline Pauwels, said: "A scientist performing
important humanitarian work, gets sentenced without public trial and is looking
at the death penalty.
"This is an outrageous violation of universal human rights, against which we
should react decisively."
Head of the VUB's Research Group on Emergency and Disaster Medicine, Ives
Hubloue, told Science: "He's not interested in politics. We don't believe he
would do anything at all (against the Iranian government).
"We don't believe he did anything wrong. Let him go. Let him do his work. We
need him."
(source: independent.co.uk)
*************************************
Iran Regime's Inhumane Punishment of Death by Stoning Continues
Criminal Court of the Western Lorestan province in Iran, condemned a man and a
woman accused of so called 'unethical relation' to medieval capital punishment
of death by stoning.
According to the verdict of the Criminal Court Branch 1, in Lorestan Province,
the sentence of 'death by stoning' has been issued, for Mr. KH. A and Mrs.
S-M.Th. The state run website called Kashkan reported on February 2, 2017.
The source said: "At the moment the sentence is issued by the lower court and
the track is communicated to the attorneys of the defendants and added, in this
case the role of the city administration chief, the Public Prosecutor Bureau,
feta police intelligence and police has been outstanding in gathering evidence,
arresting suspects and transferring the case to legal authorities.
The source also stated that the 2 accused are already in custody, awaiting
final approval of the sentence by the court.
It is noteworthy that Amnesty International earlier this year in Jaunary, has
called out the mullahs' dictatorship and asked other international human rights
charities and governments to condemn these atrocities.
In a statement, Amnesty International wrote: "Iran's persistent use of cruel
and inhuman punishments, including floggings, amputations and forced blinding
over the past year, exposes the authorities' utterly brutal sense of justice."
************************
Amnesty: Iran Regime Plans to Hang Man Arrested as a Teenager Amid Spike in
Juvenile Executions
The Iranian regime must immediately stop the execution of a man arrested for a
crime committed while he was 17 years old, Amnesty International has said,
ahead of his scheduled execution on 11 February.
Hamid Ahmadi's execution was initially scheduled for 4 February but his family
were informed on Thursday that it has been postponed by a week, Amnesty said.
Amnesty said in a February 2 report that Hamid Ahmadi was convicted, following
an unfair trial marred by torture allegations, over the fatal stabbing of a
young man during a fight between him and f4 others in Siahkal, Gilan Province
in 2008. He was transferred to solitary confinement in Lakan prison in Rasht,
northern Iran in preparation for his execution last Saturday, 28 January.
"Executing Hamid Ahmadi will consolidate a horrendous pattern that has seen
Iran repeatedly flout international human rights law by sending people arrested
as children to the gallows, often after deeply unfair trials," said Philip
Luther, Research and Advocacy Director for the Middle East and North Africa at
Amnesty International.
Amnesty's report added: "Hamad Ahmadi's death sentence has been rife with
mental anguish - this is the 3rd time he was transferred to solitary
confinement to await his death."
"Hamid Ahmadi was first sentenced to death in 2009 after an unfair trial in
Gilan Province which was based on 'confessions' he said were extracted through
torture and other ill-treatment."
"He has said that police officers held him for 3 days in a filthy,
urine-stained cell; tied his hands and feet together and pushed him face down
on the cell floor; tied him to a pole in the yard; kicked his genitals; and
denied him food and water. One officer told him that he should not fear
execution and should just 'confess' to the stabbing so that the investigation
would be concluded as soon as possible," Amnesty said.
"The pain inflicted on him was so severe that he said he was willing to confess
to anything to end it. The authorities are not known to have investigated his
torture allegations."
"Over the past month the Iranian authorities have executed 2 other young men
arrested as children and scheduled a third which was halted at the last
minute," the report added.
Philip Luther said: "Iran is one of very few countries that continue to execute
juvenile offenders in flagrant violation of international human rights law,
which prohibits the use of the death penalty against people who were under the
age of 18 when the crime was committed."
"Carrying out the 3rd such execution in a month would be yet another stain on
the conscience of Iran and an utter betrayal of its own commitments to uphold
children's rights. Instead of displaying such appalling enthusiasm for use of
the death penalty, the Iranian authorities should urgently halt Hamid Ahmadi's
execution, commute his death sentence and order a fair retrial in line with
international human rights standards."
Iran's regime is a party to the Convention on the Rights of the Child but its
outdated laws continue to allow the death penalty to be applied to girls as
young as nine and boys as young as 15.
(source for both: NCR-Iran)
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