[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

July 26



BARBADOS:

Condemned men freed



The Trinidad-based Caribbean Court of Justice (CCJ) Tuesday quashed the 
convictions of the 2 Barbadian men, who were sentenced to death for the 2006 
murder of Damien Alleyne.

The CCJ, which is Barbados' highest court, ruled that Vincent Edwards and 
Richard Haynes' convictions could not be upheld due to the presentation of 
insufficient evidence by the Director of Public Prosecutions.

The only evidence linking the appellants to the murder was their alleged oral 
confessions made in separate interviews with officers of the Royal Barbados 
Police Force while at the Glebe Police Station on July 19, 2007, almost a year 
after Alleyne's murder.

As such, Queen's Counsel Andrew Pilgrim had argued that there was no case for 
his clients to answer and after considering the argument, Justice Winston 
Anderson ruled that the 2 death row inmates should be allowed be walk free.

In a concurring judgment, Justice Adrian Saunders also acknowledged that, prior 
to the Evidence Act, an accused person could be convicted solely on an alleged 
oral confession, provided that the jury was warned that such a conviction may 
be unsafe.

However, the CCJ pointed out that the purpose of the Evidence Act, which was 
passed by the Parliament of Barbados in 1994, was "to reform the law relating 
to evidence in proceedings in courts" and to apply "standards that are more 
stringent than the common law, [compel] the judiciary to be guided by fresh 
approaches and [require] the executive to make available to the police new 
technologies". Therefore, the evidence against Edwards and Haynes had to be 
reliable, especially given that the punishment on the statute books in Barbados 
for murder was death.

"Based on the spirit of the Evidence Act, alleged confessions made while in 
police custody could only meet this standard where it was supported by sound or 
video recordings of or by some other independent evidence linking the accused 
to the offence. For example, evidence from a witness other than another police 
officer or some form of forensic evidence (e.g. DNA or fingerprint). In this 
case, there was no other evidence and as such the judge should have dismissed 
the case against the appellants," the Trinidad-based court said.

Justice Saunders was also of the view that even if the evidence was sufficient, 
the judge did not properly warn the jury in accordance with the Act.

Back in November 2015, the CCJ had rejected an earlier application filed on 
behalf of the 2 accused men and ordered that their case be sent back to the 
Barbados Court of Appeal.

At the time, Edwards and Haynes, who were convicted of murder in June 2013 and 
sentenced to death, were challenging the unconstitutionality of the mandatory 
death penalty, but the CCJ had sent the matter back to the Barbados Court of 
Appeal for a determination of how that issue should be resolved.

(source: Barbados Today)








EGYPT:

Ibrahim Halawa trial adjourned for 28th time----Ibrahim has been incarcerated 
for almost 4 years without trial



Ibrahim Halawa has learned that there has been yet another adjournment in his 
mass trial in Cairo.

Ibrahim, who faces a possible death penalty, has spent almost four years in 
prison awaiting trial.

At today's hearing, the prosecution summed up its case and presented its final 
arguments. The defence case will now begin, though it's understood there are no 
remaining witnesses to be called.

Commenting on the case Colm O'Gorman, Executive Director of Amnesty 
International Ireland said: "Amnesty International has conducted a thorough, 
independent review of the prosecution evidence and concluded that Ibrahim was 
arrested solely for peacefully exercising his right to freedom of assembly and 
expression. He is a Prisoner of Conscience.

"Today's adjournment - the 28th - means that he will continue to be unjustly 
incarcerated in an Egyptian prison.

"This young Irish citizen has spent 1,439 days imprisoned, when he should 
rightfully be at home in Dublin with his family, friends and loved ones. His 
ongoing detention is an inexcusable violation of both international and 
Egyptian law.

"Given the length of his imprisonment and the horrific circumstances of his 
detention, Amnesty International continues to be gravely concerned for both his 
mental and physical wellbeing.

"We reiterate our call on the Egyptian authorities to drop all charges against 
Ibrahim and to order his immediate and unconditional release. We also urge the 
Irish Government to continue working on his behalf and to use every means at 
their disposal to secure his release."

Ibrahim Halawa was 17 years old when he was first detained in August 2013.

He faces a mass trial alongside 493 other defendants.

He was arrested, along with his 3 sisters, while taking sanctuary in the Al 
Fath mosque. While his sisters were released on bail, Ibrahim has been 
incarcerated for almost 4 years without trial.

(source: dublive.ie)








BANGLADESH:

7-murder: Verdict on death reference, appeals Aug 13


The High Court will deliver its verdict on August 13 on the death references 
and appeals in sensational Narayanganj 7-murder case.

The bench of Justice Bhabani Prasad Singh and Justice Mustafa Zaman Islam fixed 
the date after concluding hearing on the death references and appeals.

Attorney General Mahbubey Alam yesterday prayed to the High Court to uphold the 
trial court verdict in the case.

On January 16, a Narayanganj court found 35 people, including 25 former Rab 
officials and expelled ruling Awami League man Nur Hossain, guilty of abduction 
and murder of 7 people and destroying evidence in April 2014.

The court handed down death penalty to 26 people, including 16 former Rab 
members, and jailed nine others for various terms.

The bodies of 7 people, including Narayanganj City Corporation councillor 
Nazrul Islam and senior lawyer Chandan Sarker, were found floating in the 
Shitalakkhya River after they were abducted on April 27, 2014.

(source: The Daily Star)

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Jhalakathi court hands down death penalty to 3 for killing farmer


A Jhalakathi court has sentenced 3 people to death for killing a farmer over a 
land dispute.

Those convicted are Jamal Khan, his brother Khalilur Rahman and Sohrab Hossain.

Additional District and Sessions Judge Mohammad Bazlur Rahman announced the 
verdict on Wednesday with the accused present in the dock.

They were found guilty of killing a farmer, Monsur Ali Khan, by slitting his 
throat in Nolchhiti municipality of the district town in 2000.

2 other accused in the case, Rustom Khan and Zakir Hossain, had been acquitted, 
said state's counsel M Alam Khan Kamal.

Advocate Kamal said the accused attacked the house of Monsur at Nanguli village 
in October 2000 over a land feud.

They killed the farmer by slitting his throat, he said quoting from the case 
dossier.

"Monsur's son Abdul Majid Khan and daughter Nilufa Begum also suffered stab 
wounds."

Abdul Majid started the case the next day accusing 7 people. The court 
transferred the case to the Criminal Investigation Division or CID.

The charges were framed against 5 in 2015.

(source: bdnews24.com)

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3 awarded death penalty for killing 4 kids in Habiganj


Untitled-5A Sylhet court on Wednesday sentenced 3 people to death on charge of 
murder of 4 kids in Habiganj in 2016.

The death convicts are - Rubel Mia, Arzoo Mia and Ustar Mia.

The court also awarded 7 years imprisonment to 2. 2 others were acquitted from 
the charges, however.

The Sylhet Speedy Trial Tribunal judge handed down the verdict.

According to the case statement, the 4 children - Zakaria Ahmed Shuvo, 8, son 
of Wahid Miah, his 2 cousins Tajel Miah, 10, son of Abdul Aziz, and Monir Miah, 
7, son of Abdal Miah, and Ismail Hossain, 10, son of Abdul Quadir - went 
missing while playing in a field in the village on 12 February in 2016.

On 13 February, Shuvo's father Wahid Miah filed a general diary with Bahubal 
police station in this connection while Monir's father filed an abduction case 
with the same police station on 16 February.

Informed by locals, the police recovered the bodies of Shuvo, Tajel, Monir and 
Ismail unearthing the ground in Isabil area on 17 February.

A total of 6 people were arrested in connection with the gruesome murder of the 
4 schoolboys.

Of them, Jewel Miah and his younger brother Rubel Miah made confessional 
statements before the court under section 164 of the Code of Criminal 
Procedure.

Meanwhile, another accused, Bachhu Miah, was killed in a gunfight with the RAB 
at Deorgachh in Chunarughat of the district on 25 February.

(source: prothom-alo.com)



INDIA:

Samiti seeks death for accused



The Kisan Bachao Himachal Bachao Abhiyan Samiti today demanded death penalty 
for the accused in the Kotkhai rape and murder case. Members of the samiti held 
a protest march here and sought speedy probe in the case.

Des Raj Sharma, chairman of the samiti, also demanded CBI probe into the death 
of a forest guard in Mandi and rape and murder of a 12-year-old in Bhuntar few 
weeks ago. He said the cases should be handed over to the CBI for investigation 
as the state police had failed to do its job.

(source: tribuneindia.com)








IRAN----executions

3 People Including Afghan Citizen Executed on Drug Charges



3 prisoners, including an Afghan citizen, were reportedly hanged at Isfahan 
Central Prison on drug related charges. According to close sources, the 
executions were carried out on the morning of Monday July 24. The prisoners 
have been identified as Mohsen Abdi, Javad Mir and Habib. The last name of 
Habib, who is the Afghan citizen, is not known at this time. Close sources tell 
Iran Human Rights that Javad Mir was under the age of 18 at the time of his 
arrest and was 22 years of age at the time of his execution. These prisoners 
were reportedly transferred to solitary confinement on Saturday July 22 in 
preparation for their executions.

Iranian official sources, including the Judiciary and state-run media, have not 
announced these 3 executions.

The execution of prisoners with drug charges continues in Iran while the 
Iranian Parliament has approved a general plan to amend the law for combating 
drugs. The Parliament is scheduled to vote on the bill again following a 2-week 
holiday. In the event of the final approval of the plan, the death sentences 
for many prisoners will be commuted to a prison sentence.

According to experts, those who are executed in Iran on drug related charges 
are not the main drug dealers, but individuals who sell drugs as a result of 
poverty.

There has been a surge in executions in Iran since the end of Ramadan. Most of 
the prisoners were executed on drug related charges.

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

Another Prisoner Hanged on Drug Charges While Authorities Still Silent



A prisoner was reportedly hanged at Miandoab Prison on drug related charges. 
Miandoab Prison is located in the West Azerbaijan province, northwestern Iran.

Close sources have identified the prisoner as Mehdi Saki, 38 years of age, 
arrested in 2013 on the charge of trafficking 15 kilograms of heroin. "Mehdi 
Saki was held in Mahabad Prison until November 7, 2016 when he was transferred 
to Miandoab Prison in order for his execution to be carried out," an informed 
source tells Iran Human Rights.

Iranian official sources, including the Judiciary and state-run media, have not 
announced Mehdi Saki's execution.

The execution of prisoners with drug charges continues in Iran while the 
Iranian Parliament has approved a general plan to amend the law for combating 
drugs. The Parliament is scheduled to vote on the bill again following a 2-week 
holiday. In the event of the final approval of the plan, the death sentences 
for many prisoners will be commuted to a prison sentence.

According to experts, those who are executed in Iran on drug related charges 
are not the main drug dealers, but individuals who sell drugs as a result of 
poverty.

There has been a surge in executions in Iran since the end of Ramadan. Most of 
the prisoners were executed on drug related charges.

(source for both: Iran Human Rights)

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

Executions and Arbitrary Killings Continue Under Rouhani's 2nd Term



While it doesn't seem possible that Iran's current regime could commit any 
greater human rights abuses than his 1st term, the actions of his 
administration seem to indicate that it is business as usual and that his 1st 
term was a just foregleam of the injustices the Iranian people would have to 
face.

Criminals who are arrested for drug-related charges are still being executed, 
despite the calls from the international community to halt all executions for 
non-violent drug related offenses. On the morning of July 16, for example, a 
Baluch prisoner was executed after being detained for eight years on drug 
related charges.

Another prisoner was executed by hanging, along with 2 other older men. He was 
13 when arrested and served 8 years before being hanged for drug-related 
charges. Another young man in Zabol Prison, 28-year-old Yousef Rigi, was 
detained for 5 years before being hanged on drug-related charges.

These few examples showcase how minor crimes can result in the death penalty. 
For minors who have been sentenced to death, the regime waits until they have 
reached the age of 18 or are a little older before carrying out their sentence, 
thus avoiding the accusation that they executed a minor. Still, these sentences 
are a violation of Iran's own juvenile sentencing laws. The judges appear to be 
able to sentence without fear of reprisals or appeals.

Those wishing to put off execution even attempt bodily harm upon themselves. 
One prisoner in the Central Isfahan Prison went so far as to stab himself to 
delay his death sentence. However, he was stitched up and then sent to solitary 
prior to his execution for his drug-related charges.

The larger issue is that many of these individuals are addicted to the various 
drugs found in their possession. Thus, they are being executed for an 
addiction, which in other countries is treated as a disease. Many individuals 
are arrested but are given the opportunity to attend treatment programs in 
order to put their lives back on track. In Iran, drug addiction is seen as a 
moral failing and is punished as one. The potential of these individuals is 
lost.

Still, one doesn't need to be in prison to be executed in Iran. Tehran Police, 
for example, fired at a suspected car in the Dehkadeh Olympic Square and killed 
a young woman, wounded another person and then arrested a third. The driver of 
the car, according to police, did not stop as ordered by the police and was 
caught in a dead-end street. All 3 had criminal records, according to the Chief 
of Police.

Thus, a criminal record is often all that is needed for the police to summarily 
execute an individual in the street. Others have been beaten for various 
"crimes" from dress code violations to talking with individuals of the opposite 
sex. The regime continues its oppressive measures against its citizens. It is 
truly time for a different form of government for the sake of the Iranian 
people.

(source: The Media Express)








INDONESIA:

Drug trafficker loses appeal against death sentence



A 34-year-old Kuala Lumpur-based car service advisor lost his bid at the Court 
of Appeal here yesterday to have his death sentence for drug trafficking set 
aside.

Justices Datuk Rohana Yusuf, Tan Sri Idrus Harun and Datuk Zabariah Mohd Yusof 
unanimously upheld the capital punishment imposed on Henry Chan Kok Loon by the 
High Court here on December 14, 2016.

The appellant was found guilty of trafficking in 1,514.7 grams of syabu in 
Kepayan near here on February 12, 2015.

Chan who was represented by counsel Ram Singh was convicted under Section 
39B(1)(a) of the Dangerous Drugs Act 1952 which carries the death penalty, upon 
conviction.

Meanwhile, the Court of Appeal yesterday ordered the case of a 59-year-old 
Buddhist temple volunteer who appealed against his sentence for cheating and 
using false documents in a land matter to be sent back to the High Court for 
re-hearing before a different judge.

The Appellate Court unanimously decided to remit the case to the High Court 
after allowing Heng Chin Hing @ Wong Chin Hing's appeal against the High 
Court's decision.

The High Court had upheld his sentence of 48 months' jail and RM40,000 fine 
imposed by the Sessions Court here after he was found guilty of all charges on 
May 18, 2016.

On the 1st count, Heng who was represented by counsel Ram was jailed for 12 
months and fined RM40,000, in default, 8 months' jail.

On the 2nd, 3rd and 4th counts, he was sentenced to 12 months' jail each. The 
lower court ordered him to serve all the jail terms from the date of his 
conviction.

On the 1st count, the appellant was found guilty of cheating one Chong Yu Long 
and one Chong Siew Kuan of RM23,000 as part payment for the purchase of a land 
lot in Tomangong Estate in Kinabatangan by inducing them to believe that he was 
the holder of a 'Power of Attorney' dated February 8, 1977 for the said land 
lot. The offence was framed under Section 420 of the Penal Code which provides 
for a jail term of up to 10 years and whipping and a fine, upon conviction.

On the 2nd, 3rd and 4th charges, Heng was found guilty of using 3 forged 
documents - the said 'Power of Attorney' that purportedly gave him 
authorization over the said land; The River Estate Sdn Bhd's 'Special 
Resolution of the Board of Directors' dated January 7, 1977, an authorization 
letter for him pertaining to the said land and; a 'Personal Declaration and 
Testimony' by R. G. Barrett dated February 8, 1977 agreeing to give an 
authorization letter to him pertaining to the said land.

The offences took place on March 2012 at a law firm at Damai Plaza IV, Lorong 
Kayu Manis here.

The 3 charges framed under Section 471 of the Penal Code and punishable under 
Section 467 of the same Code carries a jail term of up to 20 years and a fine, 
upon conviction.

(source: The Borneo Post)








BAHAMAS:

'Death Penalty Needed To Stop The Murders'



National Security Minister Marvin Dames said yesterday the Minnis 
administration will push for the death penalty to be enforced in an effort to 
reduce the violent crime in the country.

In an interview with The Tribune, Mr Dames said the Free National Movement will 
use everything on the law books, including capital punishment, to make the 
Bahamas safe for "law-abiding citizens."

However, he said a homicide rate of zero is "wishful thinking" no matter how 
many "measures the government puts in place".

Mr Dames' comments came days after the country recorded its 78th murder, 
according to The Tribune's records.

There were also 5 murders recorded last week.

"We will use everything necessary in the law to ensure that persons who 
continue to commit crimes are dealt with to the fullest extent of the law and 
that includes capital punishment," he said.

"It is on the books and so it is fair game, it's not something we have to put 
there, it is already there it just needs to be enforced. We cannot have a 
lawless society and it is our job as the government to introduce new policies 
and to enforce old ones to make sure everyone is safe. We are proponents of the 
death penalty, our leader talked about it during the campaign trail and we have 
not changed our position on that. We will do what we promised we will do. You 
are not going to completely stop all the murders, but our priority is to ensure 
that hardworking, decent Bahamians are not victims. We have to protect our 
citizens. This is not a quick fix."

In February, Prime Minister Dr Hubert Minnis, while in opposition, said unless 
the government is willing to enforce the death penalty, "criminals will 
continue to ravage our country and keep citizens in fear".

Dr Minnis said the country is losing the battle to the criminal element and 
"more serious measures" need to be taken.

Last year, Dr Minnis insisted that the necks of "murderous scumbags" in the 
country must be "popped" as he castigated the Christie administration for 
failing "miserably" in its obligation to keep Bahamians safe.

However, yesterday, Mr Dames said there is "little" the government can do if 
persons continue to make bad decisions.

"There is very little we can do when people make lifestyle choices that put 
their lives at risk," the Mount Moriah MP said.

"There are things we will do and are currently doing to address crime. . . 
(but) sometimes unfortunately people refuse to change. We can do things to 
bring the numbers down but you are not going to completely stop all the 
murders. Our priority is to ensure that hard working decent Bahamas are 
protected. A zero-homicide rate is wishful thinking, we can bring the numbers 
down but we are not going to prevent every homicide."

A 2006 decision by the London-based Privy Council, the Bahamas' highest court 
of appeal, quashed the country's mandatory death penalty for murder convicts, 
which it said was unconstitutional.

In 2011, the Privy Council also said the death penalty should only be given in 
cases where the offence falls into the category of the "worst of the worst."

That same year, the Ingraham administration made changes to the Penal Code to 
set out the criteria for the types of murders that would attract a 
discretionary death penalty after conviction.

The law changes made it so a person convicted of killing a member of the Royal 
Bahamas Police Force, Royal Bahamas Defence Force, Department of Customs, 
Department of Immigration, the judiciary or correctional services would be 
eligible for the death penalty.

Someone convicted of killing someone during a robbery, rape, kidnapping or 
terrorist act would also fall into this category.

However no one has been hanged since the amendments were passed into law.

The last person to be executed by the state was David Mitchell in January 2000.

Some observers have called on the Bahamas to abandon the Privy Council in order 
for the country to be free to execute those on death row.

Others have called for further clarification on what murders are "most extreme 
and exceptional" in the Privy Council's view.

(source: Bahamas Tribune)