[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

July 13




RWANDA:

Petty Crime Suspects Summarily Executed


State security forces in Rwanda have summarily killed at least 37 suspected 
petty offenders and forcibly disappeared 4 others since April 2016, Human 
Rights Watch said in a report released today. Most victims were accused of 
stealing items such as bananas, a cow, or a motorcycle. Others were suspected 
of smuggling marijuana, illegally crossing the border from the Democratic 
Republic of Congo, or of using illegal fishing nets.

The 40-page report, "'All Thieves Must Be Killed': Extrajudicial Executions in 
Western Rwanda," details how military, police and auxiliary security units, 
sometimes with the assistance of local civilian authorities, apprehended 
suspected petty offenders and summarily executed them. 2 men were killed by 
civilians after local authorities encouraged residents to kill thieves. In all 
the cases Human Rights Watch documented, the victims were killed without any 
effort at due process to establish their guilt or bring them to justice, and 
none posed any imminent threat to life that could have otherwise justified the 
use of lethal force against them.

"Rwandan security forces are carrying out a brutal campaign of cold-blooded 
murder in the Western Province," said Daniel Bekele, senior director for Africa 
advocacy at Human Rights Watch. "Fighting petty crime or offenses by committing 
murder doesn???t build the rule of law, but only reinforces a climate of fear. 
The Rwandan authorities should immediately halt the killings and bring those 
responsible to justice."

Human Rights Watch conducted interviews in Rwanda with 119 witnesses, family 
members and friends of victims, government officials, and others. Human Rights 
Watch also released photographs of some of the victims.

On July 5 and 6, 2017, Human Rights Watch shared its findings with 5 local 
authorities in Rubavu and Rutsiro districts, the areas where Human Rights Watch 
documented the killings. The officials denied that any extrajudicial executions 
had occurred, although one said that people had been killed while crossing the 
border from Congo because of a "security issue." Human Rights Watch also shared 
its findings with senior government officials in the capital, Kigali, but has 
not received a response.

These killings occurred in advance of Rwanda's presidential elections, 
scheduled for August 4. President Paul Kagame, who has been in power since 
2003, is running against two opponents, both of whom have complained of 
harassment, threats, and intimidation since announcing their candidacy.

The executions, some in front of multiple witnesses, are rarely discussed in 
Rwanda. Given Rwanda's strict restrictions on independent media and activists, 
no local media outlets have reported the killings, and local human rights 
groups are afraid to publish information on such issues.

The killings and enforced disappearances appear to have been part of a broader 
strategy to spread fear, enforce order, and deter any resistance to government 
orders or policies, Human Rights Watch said.

In 1 example, Fulgence Rukundo, a father of two, was detained by a local 
government official and six soldiers at his home in the village of Munanira in 
Rubavu district in the early morning of December 6. Witnesses said he was 
questioned about a stolen cow, then taken to a community meeting with the 
district mayor. "When the meeting was finished, the soldiers walked Fulgence to 
a small field near a banana plantation," one witness said. "There were many of 
us following; some were primary students. We wanted to see what would happen 
... A soldier told him to stand up and walk, and another soldier told us to 
leave. At that moment, I heard three shots."

More than 40 people interviewed said they had participated in community 
meetings in Rubavu and Rutsiro districts at which military officers or local 
government officials declared that thieves would be arrested and killed.

Authorities used the extrajudicial executions to serve as a warning. In most of 
the cases documented, local military and civilian authorities told residents, 
often during public meetings, that the suspected petty offender had been killed 
and that all other thieves and other criminals in the region would be arrested 
and executed.

In the case of Francois Buhagarike, killed between October 19 and 20 in Busuku 
cell in Rutsiro district, one resident said: "[The authorities] say, 'Someone 
who supports thieves will also have problems with us. Those caught stealing 
will be killed, like Francois. To anyone who knew Francois, if you steal, you 
will also be killed.' All this was said by the military so it must be taken 
seriously."

Many family members were threatened when they tried to recover the bodies of 
their loved ones. Some families buried the body in secret, and several left 
their villages, fearing that they could also be targeted.

In almost all the extrajudicial killings documented, family members of victims 
were afraid to exercise their right under Rwandan and international law to seek 
justice.

The Rwandan government should ensure an immediate end to the summary executions 
of suspected criminals by security forces, Human Rights Watch said. They should 
also ensure that thorough, impartial investigations into these serious 
violations are conducted, including to establish how and with whom any policy 
originated; and that those responsible for the violations be held accountable.

Judicial, military, and police officials should also make public and clear 
statements forbidding any state security force member from intimidating or 
threatening family members of victims.

"Instead of investigating the executions and disappearances and providing 
information or assistance to the families, local authorities threatened some 
who dared to ask questions," Bekele said. "The government should focus on 
investigating and prosecuting those responsible for the crimes, and not allow a 
cover-up."

[also, see: 
https://www.hrw.org/report/2017/07/12/all-thieves-must-be-killed/extrajudicial-executions-western-rwanda]

(source: Human Rights Watch)






GHANA:

Scrap the death penalty, Amnesty International urges government


Amnesty International said close to 150 death row inmates languish in grim 
conditions in Ghana with only a fraction able to appeal their convictions.

In a new report, available to the Ghana News Agency, it called on the 
government to abolish the death penalty once and for all.

Based on interviews with 107 death row prisoners, 'Locked up and Forgotten: The 
need to abolish the death penalty in Ghana' provides further evidence of why 
the country should abolish this cruel punishment, in line with the 
recommendation of the 2011 Constitution Review Commission document.

Alioune Tine, Amnesty International's Regional Director for West and Central 
Africa, said "the 2011 constitutional review should have signaled the end of 
the road for the death penalty in Ghana, but 6 years on, courts continue to 
hand down this cruel punishment, while death row prisoners remain trapped in 
cramped conditions, separated from other prisoners, and with no access to 
educational or recreational activities."

"The Ghanaian authorities should commute the death sentences of all death row 
prisoners to terms of imprisonment and ensure that all these cases are reviewed 
to identify any potential miscarriages of justice."

Fair trial concerns

Many death row inmates told Amnesty International that they did not receive 
adequate legal representation for their trials and the vast majority have been 
unable to appeal. Although around 3/4 of prisoners were provided with a 
government-appointed lawyer in court, some prisoners said that their lawyer 
asked for payment. Several said that their lawyers had not attended all the 
court hearings while many others said they did not have a chance to talk to 
their lawyer to prepare their defence.

One death row prisoner said: "I have no money, this is why I am here. If I had 
money I would be outside by now." The UN Human Rights Committee and UN Special 
Rapporteur on Torture have previously raised concerns over the quality of 
state-supplied legal aid in Ghana.

Fewer than 1 in 4 death row inmates interviewed had been able to appeal their 
conviction or sentence, and the Ghana Prison Service informed Amnesty 
International that only 12 death row inmates had filed appeals since 2006 - 1/2 
of which were successful. Few inmates interviewed were aware of how to appeal 
or access legal aid, while most were unable to pay for private lawyers.

Poor conditions on death row

The death row at Nsawam Prison is overcrowded, poorly maintained and there are 
just 7 toilets between more than 100 prisoners. The men's section contains 24 
small cells to hold 4 prisoners each, 4 medium-sized cells with up to 8 
prisoners per cell and 2 larger cells to hold 16 prisoners each. The single 
window in each cell is locked with metal bars and cannot be opened. Small holes 
in the cell walls provide limited ventilation.

There are just 4 female death row prisoners at Nsawam and they share a single 
cell, isolated from other female prisoners. Prisoners on death row displayed 
signs of distress and anxiety, with several men and women in tears when 
speaking to Amnesty International about their situation.

1 prisoner told Amnesty International: "If I were to be killed, it would be 
better than being here."

In March 2017 there were 6 prisoners on death row officially considered to have 
mental and intellectual disabilities. They received no specialized treatment, 
although the Prison Service said it was seeking psychiatric support.

"Keeping people with mental or intellectual disabilities on death row violates 
international human rights law, and puts their safety and that of other 
prisoners at risk," said Alioune Tine.

Death row prisoners also face discrimination and isolation as they are not 
allowed to participate in the recreational or educational opportunities 
available to other prisoners.

1 prisoner described the death row section as "a prison within a prison". 1 
woman who had been on death row for 9 years told Amnesty International, "I 
don't do anything. I sweep and wait."

Trend towards abolition

Amnesty International is calling on the Ghanaian authorities to abolish the 
death penalty for all crimes.

"105 countries around the world, including 19 in Africa, have abolished the 
death penalty for all crimes. A great way for Ghana to mark its 60th 
anniversary of independence this year would be to abolish this cruel punishment 
and end the suffering of the death row prisoners who have been locked up and 
forgotten," said Alioune Tine.

Background

As of 30 December 2016, 148 prisoners were on death row in Ghana - 144 men and 
4 women. All were sentenced to death for murder. The last execution in Ghana 
took place in 1993.

For this report, Amnesty International interviewed 107 prisoners on death row - 
104 men and 3 women - during 2 visits in August 2016 and March 2017.

(source: Ghana News Agency)






BELARUS:

Urgent Action: Aliaksei Mikhalenya At Risk Of Imminent Execution (Belarus: UA 
172.17)


Aliaksei Mikhalenya was sentenced to death by the Homel Regional Court, in 
southeast Belarus, on 17 March. His sentence was upheld by the Supreme Court on 
30 June and he is now at risk of imminent execution.

TAKE ACTION

Write a letter, send an email, call, fax or tweet:

Urging President Alyaksandr Lukashenka to commute the death sentence of 
Aliaksei Mikhalenya and all those on death row in Belarus;

Calling on the President to establish an immediate moratorium on executions 
with a view to abolishing the death penalty;

Stress that whilst we are not seeking to downplay the seriousness of the crime, 
research shows that the death penalty does not deter crime more than 
imprisonment, and is the ultimate denial of human rights.

Contact these two officials by 24 August, 2017:

President

Alyaksandr Lukashenka

Vul. Karla Marksa 38

220016 Minsk, Belarus

Fax: +375 17 226 06 10 or +375 17 222 38 72
Email: contact at president.gov.by

Salutation: Dear President Lukashenka


Charge d'Affaires Mr. Pavel Shidlovsky

Embassy of Belarus

1619 New Hampshire Ave NW

Washington DC 20009

Fax: 202 986 1805 or 1 202 986 1805

Phone: 202 986 9420 or 1 202 986 1606

Email: us at mfa.gov.by

Salutation: Dear Counsellor

(source: Amnesty International)






SINGAPORE----imminent execution

Malaysian death row inmate to hang in Singapore


Malaysian S Prabagaran, who was convicted for drug trafficking in Singapore, 
has failed in his bid to halt his execution at the 11th hour.

Lawyer N Surendran, in a tweet today, said Singapore's Court of Appeal 
dismissed Prabagaran's application to stay his execution, pending his case in 
the Malaysian courts to refer Singapore to the International Court of Justice 
(ICJ) for denial of a fair trial.

"Stay of execution jst dismissed by Spore ct of appeal. S Prabagaran will be 
hanged 2moro morning," he tweeted.

He told FMT in a message the appeals court had ruled that Singapore is a 
sovereign nation and that it will not wait for the outcome of proceedings in 
Malaysia.

Prabagaran is scheduled to be executed early Friday morning.

Singaporean anti-death penalty group We Believe In Second Chances, in a 
Facebook post after the appeals court dismissed Prabagaran's bid to stop his 
execution, said the NGO would hold a candlelight vigil at Changi Prison 
tonight.

"This vigil is a show of solidarity and support for Prabagaran's family at this 
difficult time, and will be peaceful and non-disruptive.

"We have not sought a permit for this gathering, and there is a chance that the 
authorities might ask us to disperse.

"If this occurs, all participants should comply and move on accordingly without 
violence or disruption so as not to add to the distress of the family at this 
time," the group said in its Facebook post.

In a response, Amnesty International consultant Michelle Yesudas expressed her 
disappointment over the decision on her Twitter feed.

"This is horrible news, as there is a pending case in the Malaysian courts. It 
is disappointing the court did not provide them with a stay," she said.

Prabagaran was convicted in 2012 after 22.24g of diamorphine, a pure form of 
heroin, was found in his car at the Singaporean immigration checkpoint as he 
tried to enter the country.

He has maintained his innocence, claiming that he did not own the car he drove 
and was not aware of the drugs being in it.

Earlier this year, he turned to the Malaysian court to compel the government to 
start legal proceedings against Singapore before an international tribunal for 
denying him a fair trial.

Surendran had said this application was unprecedented as his client and family 
members had exhausted all avenues to stop the execution from being carried out.

On March 24, Prabagaran failed to obtain leave at the Kuala Lumpur High Court 
to compel the Malaysian government to start proceedings against Singapore.

Justice Hanipah Farikullah ruled, in chambers, that the courts had no powers to 
interfere with foreign policy issues.

(source: freemalaysiatoday.com)

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

Prosecution seeks death penalty for man who killed wife's former lover


The prosecution is seeking the death penalty for a man who assaulted his 
wife???s former lover to death and later left the body along Lim Chu Kang Road 
in 2013.

Chia Kee Chen, 56, was convicted of murder in January this year after he was 
found guilty of forcing Dexmon Chua Yizhi, 37, into a van and subsequently 
bashing him so brutally with a hammer-like object that Chua died from blunt 
force head injuries. Chia committed the offence between 28 and 29 December 2013 
with the help of 2 accomplices, Indonesian Febri Irwansyah Djatmiko and Chua 
Leong Aik, a longtime friend of Chia's.

Febri was involved in the attack while Chua drove the van, which was used to 
abduct the victim. Chua left the van midway through the act.

Lawyers from both sides spent Thursday morning (13 July) making submissions on 
Chia's sentence.

The prosecution, represented by Tan Wen Hsien, said that Chia deserved the 
death penalty - in part because of the savage nature of the attack and the 
premeditation involved.

Defence counsel Anand Nalachandran sought life imprisonment for Chia, whom he 
said had hatched a plan of abduction without an intention to kill. Chia wanted 
to "shield his wife from the possibility of any future harm", said 
Nalachandran.

However, the prosecution maintained that Chia alone had the motive and 
intention to kill Dexmon as he bore ill-will towards his wife's younger 
ex-lover for making him a "cuckold". DPP Tan pointed out that Chia had stalked 
and harassed Dexmon after discovering his wife's extramarital affair in 
November 2012.

Chia's "long, deepset and fatal grudges" towards Dexmon had persisted a year 
after his wife had stopped seeing him and the ill-will continued throughout the 
time "without provocation of contribution" by [Dexmon], said the prosecution.

Chia's attack on Dexmon was also "savage and cruel". Said DPP Tan, "Once 
[Dexmon] got out of his car ... [Chia] and Febri set upon him in a vicious and 
unbridled manner ... The blood spatter found at the walls, floor and ceiling of 
the MSCP (multi-storey car park) are testament to the bloodshed that occurred 
even before [Dexmon] was bundled into the back of the van."

Chia had also executed his plan to murder Dexmon in a "calm and calculated 
manner", claimed the prosecution. In the months leading to the offence, Chia 
set in motion various parts of the plan, including asking Chua and Febri for 
help, gathering the weapons and renting a van.

There was also an utter lack of remorse on Chia's part, added the prosecution. 
He ran "spurious defences and sought to downplay his true involvement in the 
offence" during the trial, such as denying the use of a hammer-like object, 
even though he had volunteered the information to the police and drawn a 
picture of the object.

Nalachandran urged for life imprisonment to be imposed on Chia, arguing that 
inconsistencies between Febri and Chua's accounts made it "unsafe" for the 
court to hang him as Chia's role in the affair was ambiguous.

For example, Febri had claimed that there was a plan involving knives and 
electrodes but no such evidence came from Chua. Nalachandran argued that Febri, 
who had given a statement to Indonesian police, had "every reason to distance 
himself and downplay his role" and had given a "self-serving statement".

The defence also submitted a psychiatric report by Dr John Bosco Lee, done 
after Chia's conviction, to show that Chia was assessed to be suffering from 
Major Depressive Disorder which "affected his perceptions, his emotional 
responses, his behavioral responses" and "contributed much to his disturbed 
mental state around the time of the offence".

However, the prosecution took issue with the report, dated 21 June this year, 
pointing out that it wasn???t relevant as it didn't show any "causal or 
contributory link" to Chia's act. DPP Tan added that Dr Lee was only engaged 
some 3 1/2 years after the offence was committed.

Justice Choo Han Teck will give Chia's sentence at a later date.

(source: Yahoo News)