[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Jan. 20




BANGLADESH:

After Narayanganj verdict, Bangladesh should disband RAB----Lack of 
accountability has created a rogue force

For years, Bangladesh's Rapid Action Battalion (RAB) has been deployed by 
successive governments not only to fight crime, but often as an in-house death 
squad, leaving a string of extrajudicial killings - often referred to as 
"crossfire" deaths, torture, disappearances, and arbitrary arrests in their 
wake. And for years, almost no members of RAB were held to account for these 
crimes.

Until now.

In a very rare verdict, on January 16 the Narayanganj District and Sessions 
court sentenced 26 people, including 16 members of RAB, to death for their role 
in a 2014 politically-motivated murder case. 9 other RAB members were sentenced 
to prison terms. Human Rights Watch opposes the death penalty and will urge it 
not be carried out.

For too long, RAB officials have been shielded from prosecution by successive 
governments, some even justifying their crimes. But in this case, the court has 
found a local Awami League politician, Nur Hossain, crossed the line by 
contracting members of RAB-11, the unit deployed in the area, to abduct and 
kill his political rival, Nazrul Islam, also an Awami League official.

On April 27, 2014, the verdict finds, Nazrul Islam was returning from court 
when, according to eyewitnesses, he was abducted along with 3 associates and 
his driver. His lawyer, Chandan Kumar Sarkar, who was following in another car, 
was abducted along with his driver. The killers were clumsy, failing to dispose 
of the bodies, which floated up in a river in Narayanganj, leading to public 
outrage. A government investigation concluded that members of RAB-11 had been 
involved in the murders.

But those convicted are not the only ones responsible for the situation. The 
government has responsibilities too, because of the climate of impunity it has 
created. In recent cases, when RAB and other law enforcement agencies have 
disappeared people, witnesses say officers arrived claiming they were from the 
"administration," an open admission they worked for the state. Many of the 
disappeared people have later turned up dead.

RAB is a mixed force of police and soldiers. Although formally led by a 
civilian officer, it is the army that controls RAB. Involving trained-to-kill 
soldiers in law enforcement is inherently risky, but the police also have their 
own problems with abuse. In recent years, members of the Detective Branch of 
the police has also been responsible for RAB-style serious human rights 
violations, including deliberately maiming suspects in custody by shooting them 
in the leg.

The prosecution of RAB members is a welcome step towards ending violence and 
impunity. Yet it should not only happen when the victim is a ruling party 
member.

While in opposition the Awami League called for the disbanding of RAB. Before 
taking office in 2009 prime minister Sheikh Hasina said she would reform RAB. 
This has not happened, so it is time for the government to take immediate steps 
to disband RAB and replace it with a rights respecting force.

(source: Human Rights Watch)






NIGERIA:

Death Penalty for Kidnappers


The Lagos State House of Assembly recently okayed death penalty for offenders 
under a new anti-kidnapping law. Tagged "A bill for a law to provide for the 
prohibition of the act of kidnapping and for other connected purposes," it will 
become law after Governor Akinwunmi Ambode's assent. The bill prescribes death 
sentence for kidnappers whose victims die in their custody. Kidnappers whose 
victims did not die in their custody will get life jail. The bill was passed 
following the adoption of a report presented by Chairman of the House Committee 
on Judiciary, Petitions, Human Rights and Lagos State Independent Electoral 
Commission (LASIEC) Mrs Adefunmilayo Tejuosho.

A copy of the bill soon to be sent to Governor Ambode for assent and the bill 
states that "Any person who kidnaps, abducts, detains, captures or takes 
another person by any means or tricks with intent to demand ransom or do 
anything against his/her will, commits an offence, and is liable on conviction 
to death sentence." The bill criminalises attempt to kidnap and stipulates life 
imprisonment for anyone who attempts to kidnap another person. Also, the bill 
is against false representation to release a kidnapped or abducted person. This 
attracts seven years' imprisonment.

The lawmakers also approved 25 years imprisonment for whoever threatens to 
kidnap another person through phone call, e-mail, text message or any other 
means of communication. The bill provides that any person who knowingly or 
wilfully allows or permits his premises, building or a place to which he has 
control of to be used for the purposes of keeping a person kidnapped is guilty 
of an offence under the law and is liable to 14 years imprisonment without an 
option of fine.

Nigeria accounted for 26 % of kidnap and ransom incidents globally in the first 
half of 2013, according to figures released by NYA International titled "Global 
Kidnapping hot-spots". According to Overseas Security Advisory Council (OSAC), 
Nigeria in recent years is among the top ten countries globally with high 
kidnapping incidents.

To dramatise this situation, unknown gunmen recently stormed the Nigeria Tulip 
International Colleges (NTIC) in Ogun State and abducted eight persons, 
including students and teachers. The gang later made a ransom demand of 
N1.2billion. Kidnapping is not new in Nigeria but it has in recent years become 
a major trade for criminally minded persons in Nigeria. In many parts of the 
country today, the fear of kidnappers is the beginning of wisdom for all 
travellers.

It is not surprising therefore that this law passed by the Lagos State House of 
Assembly will receive widespread public support. Pressure is already mounting 
on Governor Ambode to sign the bill into law so that kidnappers will quickly 
begin to feel the wrath of the law. Yet, we must point out that it is one thing 
to write a tough law into the state books. It is quite another thing to ensure 
that kidnappers are tracked down no matter how long it takes and they are 
brought to book for their dastardly deeds.

Even before kidnapping is made a capital offence in Nigeria, it is already a 
grave crime and the punishment for it is many years imprisonment with hard 
labour. The reason why so many youths resorted to it is precisely because too 
many of them get away with it. Once some kidnap gangs manage to collect 
millions of naira in ransom payment for victims' families and go about spending 
the money without being apprehended, their mates in the underworld quickly try 
to do the same, secure in the belief they would not be apprehended.

Going forward therefore, a task more important than making tougher anti-kidnap 
laws is to improve the rate of apprehension of kidnappers. The police and other 
security agencies have already done reasonably well in this regard. Many kidnap 
gangs have been busted and their members were paraded before newsmen. Once 
kidnappers realise that their chances of getting away with the crime are slim, 
they will look for other, less dastardly ways of making a living.

(source: Daily Trust)

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

Death Sentence: Supreme Court to rule on policeman's appeal April 14


The Supreme Court on Thursday in Abuja fixed April 14 to deliver judgment in a 
murder appeal filed by a police officer, Olusegun Adegboye.

Justice Mohammed Tanko led the 5-member panel of justices that fixed the date 
after listening to submissions by counsel to the parties.

Henry Omu, counsel to the appellant, urged the apex court to set aside the 
decision of the Court of Appeal, Ibadan, that upheld the conviction of Mr. 
Adegboye.

Mr. Omu prayed the court to substitute the death sentence with an order of 
acquittal and discharge.

The appellant's counsel said that his client did prove that his official AK47 
riffle accidentally killed Tunde Adegboyega after the deceased attempted to 
snatch it.

Mr. Omu urged the court to determine whether the justices of the court of 
appeal were right to have relied on the evidence of 2 witnesses to uphold the 
judgment of the trial court.

He also asked the court to determine whether the lower court was right to have 
affirmed the conviction and sentence of the appellant in spite of the 
fundamental contradictions by the prosecution.

Mr. Omu asked whether if such contradictions depicted in the case of the 
prosecution ought not to have been resolved in favour of the appellant.

He further urged the court to decide whether it was right for the lower court 
to uphold the judgment of the trial court when the prosecution failed to 
disprove the appellant's defence.

The appellant contended that the prosecution did not prove its case beyond 
reasonable doubt to justify him being condemned to death.

Mr. Omu said the entire gamut of the trial had not met all the essential 
ingredients of the offence of murder.

According to him, before a person becomes fully liable for killing another, the 
later must have died.

Mr. Omu therefore said that there was no legal permissible justification for 
the lower court to affirm the conviction and sentence of the appellant 
considering the totality of the evidence and circumstances of the case.

He said that the death penalty passed on his client was unsupportable in law, 
adding that the conviction was against the weight of evidence and miscarriage 
of justice.

"I am humbly urging the court to graciously allow the appeal and to set aside 
the conviction and sentence of the appellant.

"We are also praying the court to in its place make order discharging and 
acquitting the appellant.

"The major reason is that the lower court placed too much weight on the 
uncorroborated evidence of 2 witnesses and the official AK47," he said.

On his part, Olumide Ayeni, the Attorney-General of Ogun, and counsel to the 
state did not object to the appeal.

Mr. Ayeni in his submission urged the court to consider Section 271 of the 
Criminal Code Law of Ogun State. 2006.

> According to him, that portion of the law mandated a peace officer or a 
police officer to shoot and kill a criminal offender trying to escape from 
justice.

"My Lords, I shall at this point allow the court to use its discretion in 
serving justice, but in determining this case, Section 271 of our code should 
be considered," he said.

The News Agency of Nigeria reports that on March 10, 2009 the appellant in 
company of other Special Anti-Robbery Squad went to arrest Adegboyega at 
Oloke-Alli Village in Ogun.

This was in response to a petition filed to the Area Command by Titilayo 
Odusanya on threat to his life by the deceased.

On getting to the village, the deceased was arrested by Michael Agboola, an 
inspector, and handed over to Hamza, a corporal, and the appellant.

It was alleged that the deceased had attempted to escape after which struggle 
ensued between them.

NAN further reports that the appellant's evidence-in-chief indicated that it 
was at the point of that struggle that his AK47 riffle discharged a shot that 
killed Mr. Adegboyega.

(source: premiumtimesng.com)






IRAN----executions

4 Prisoners Including Afghan Citizens Hanged on Drug Charges


4 prisoners, including 2 Afghan citizens, were reportedly hanged at Taybad 
Prison (Razavi Khorasan province, northeastern Iran) on drug related charges.

According to a report by the human right news agency HRANA, the executions were 
carried out on Wednesday January 18. The report identifies one of the prisoners 
as Habib Khazayi. The names of the other three prisoners are not known at this 
time.

Iranian official sources, including the media and the Judiciary, have not 
announced these 4 executions. It is not clear whether these prisoners received 
a fair trial or had access to a lawyer.

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

"Young Man" Executed on Murder Charges


A young man was reportedly hanged at Jiroft Prison (Kerman province, southern 
Iran) on murder charges.

According to a report by the Iranian state-run news agency Jaam-e Jam, the 
execution was carried out on Wednesday January 18. The report claims the young 
man was sentenced to death for the murder of his step parents. The prosecutor's 
office and the revolutionary court in Jiroft have identified the prisoner only 
by the initials "M.Sh."

Although Iranian official sources have described the prisoner as a young man, 
they have not released his exact age. It is not clear whether the prisoner 
received a fair trial or had access to a lawyer.

(source for both: Iran Human Rights)






TAIWAN:

Taiwan urged to immediately suspend death penalty


International human rights experts have called on Taiwan to suspend its use of 
the death penalty, expressing regret that the nation has failed to make any 
progress in abolishing capital punishment.

The suspension is one of 78 comments and suggestions, made by independent 
experts from 10 countries at a four-day meeting, after being invited to attend 
and review the Republic of China's national report on the International 
Covenant on Civil and Political Rights (ICCPR) and the International Covenant 
on Economic, Social and Cultural Rights (ICESCR).

The international review of Taiwan's national report on the treaties, the 
second of its kind since the international covenants were written into Taiwan's 
domestic law in 2009, started in Taipei on Jan. 16. The foreign experts 
presented their conclusions on Thursday night.

Publicizing the conclusions, Minister without Portfolio Lin Mei-chu said on 
Friday that the international review committee, which consists of 10 foreign 
experts on human rights, expressed deep regret that "Taiwan has made no 
progress whatsoever in abolishing the most extreme form of punishment."

Although capital punishment is increasingly defined in international law as a 
violation of human dignity, it remains on the books in Taiwan, because it is 
said most Taiwanese support the death penalty. In addition, there has been no 
fall in the number of executions carried out in recent years, Lin quoted the 
committee as noting.

The review committee urged the Taiwan government and President Tsai Ing-wen to 
educate people as to the cruel and inhumane nature of the death penalty, rather 
than citing public opinion as a justification.

It also strongly suggested that Taiwan should immediately suspend the death 
penalty and abolish it in the near future, Lin said.

Opinion polls in Taiwan on the abolishment of capital punishment have 
consistently shown that a vast majority of the public is opposed to the reform.

In the 5-year period beginning in 2011, 5 or 6 death-row inmates were executed 
in Taiwan each year. More than 40 people remain on death row.

In addition, the committee said that it would be delighted to see Taiwan's 
government make same-sex marriage legal as that would make the nation a leader 
in the field of opposing gender identity discrimination in the Asia-Pacific 
region, according to Lin.

Lin added that the government would review the committee's 78 comments and 
recommendations and use them as guidelines in the future promotion of human 
rights.

The international review meeting wrapped up on Friday.

(source: Focus Taiwan)






SINGAPORE:

Last of 4 suspects charged with murder in 2010 Kallang slashing case


A Sarawak native, the last of four suspects wanted for a violent robbery spree 
which killed 1 and injured 3 others in 2010, was finally charged with murder 
with common intention in court on Friday (Jan 20) - after being at large for 6 
years.

Donny Meluda, 26, was arrested by Malaysian police and handed over to Singapore 
on Jan 18.

Meluda, together with 3 accomplices from his hometown, had allegedly murdered 
Indian construction worker Shanmuganathan Dillidurai, 41, between 12.12am and 
7.34am on May 30, 2010. The victim died on the spot after sustaining a 
fractured skull, among other injuries, at a field near Kallang Road.

No plea was taken from Meluda, who was unrepresented in court on Friday. He 
will continue to be remanded for further investigation, with the court granting 
police permission to take him out for investigation.

Meluda, who now goes by the name of Abdul Rahman Abdullah, returns to court on 
Jan 27. If found guilty, he will face the death penalty.

The crime spree also involved the robbing and slashing of 2 Indian nationals 
and a Singaporean, before the group set upon Mr Shanmuganathan.

Meluda's accomplices, who were arrested in 2010 following the fatal robbery, 
had already been convicted.

In 2013, Hairee Landak was sentenced to 33 years' jail and 24 strokes of the 
cane after pleading guilty to armed robbery and grievous hurt. Micheal Garing 
was given the death penalty and Tony Imba was sentenced to life imprisonment 
and 24 strokes of the cane in 2015. Michael has appealed against his death 
sentence, while the prosecution has appealed for Tony to be hung.

(source: todayonline.com)