[Deathpenalty] death penalty news----worldwide
Rick Halperin
rhalperi at smu.edu
Thu May 4 09:46:31 CDT 2017
May 4
IRAN----executions
Iran's Rajai Shahr Prison: 8 Prisoners Including Women Hanged in 1 Day
On Wednesday May 3, 8 prisoners, including 2 unidentified women, were
reportedly hanged at Karaj's Rajai Shahr Prison.
According to close sources, the majority of these prisoners were executed on
murder charges. 5 other prisoners, including Mehdi Bahlouli, were returned to
their cells after their execution sentences were halted.
The men who were executed were among a group of 11 prisoners who were
transferred to solitary confinement on May 29 in preparation for their
executions. Iran Human Rights had reported on these imminent executions.
Close sources have identified the men as: Maziar Alaie Bakhsh, Jabbar
Mollahashemi, Shayan Shaddel, Mohammad Jegarki, Mahmoud Bayat and Ali Maleki.
"In September 2012, Ali got involved in a group fight situation to defend his
little brother. At that time, he had accepted responsibility for the murder
that occurred, in order to protect his brother," a family member of Ali Maleki
tells Iran Human Rights."
The names of the 2 women who were also executed are not known at this time. A
prisoner has reported to Iran Human Rights that these 2 women were transferred
to Rajai Shahr Prison from Gharchak Varamin Prison. Close sources say that they
were sentenced to death on murder charges.
Execution Sentences of 5 Prisoners Halted
5 prisoners, including Mehdi Bahlouli and Majid Agharahimi, were temporarily
spared from execution.
Iranian official sources, including the media and the Judiciary, have not
announced any of the executions or imminent executions mentioned in this
report.
(source: iranhr.net)
IRAQ:
Death penalty for suspects charged with Islamic preacher's murder in Erbil
A court in Erbil has issued the death penalty for individuals charged with the
murder of Islamic preacher Hoshyar Ismail in November last year, the family's
lawyer said on Thursday (May 4).
Gunmen shot and killed Ismail at his home at around midnight on November 22 in
Erbil. He died at West Erbil Emergency Hospital as a result of the gunshot
wounds from the attack.
Following the attack, Erbil security forces detained 2 suspects on November 27.
The lawyer taking charge of the murder case on behalf of Ismail, Birzo Saeed,
told reporters that Erbil court had sentenced the perpetrators to death
according to Article 406 of Iraqi Penal Code.
The lawyer added that the case will remain open and a further investigation
would be launched to see if other people were behind the murder.
The brother of the Islamic preacher, Kamal Ismail, said the family was "happy
for the court's decision."
Kurdistan Islamic Union (KIU) representative, Bakir Qadir, who attended the
trial told NRT that the Erbil court had carried out its job.
The perpetrators in the case admitted to the murder of Ismail and said no one
else was behind the killing.
Head of KIU's Political Council, Hadi Ali, said last month that the
perpetrators were known and from the Kurdistan Democratic Party (KDP).
The murder of Ismail led to overwhelming reactions from senior Kurdish
officials and political parties at the time who called for a fair investigation
into the incident.
Ismail, who was 40 years old, had a doctorate in philosophy in the
interpretation of the Quran. He was a preacher for 13 years in the Kurdistan
Region.
(source: nrttv.com)
QATAR:
Murdered teacher's mother 'relieved' as Qatari court upholds death sentence
The mother of a British primary school teacher murdered in Qatar 4 years ago
has spoken of her relief after the killer had his death sentence upheld.
Badr Hashim Khamis Abdullah Al-Jabar was found guilty by a court in Doha in
2014 of killing Lauren Patterson, 24, in the Gulf state a year earlier.
His accomplice Muhammad Abdullah Hassan Abdul Aziz was jailed for 3 years for
reportedly helping burn the body of the Briton, originally from Chislehurst, in
south-east London.
Miss Patterson had been working at the Newton British School in the Qatari
capital.
She disappeared in Doha on October 12, 2013. Local media reported at the time
that she was last seen outside the city's 5-star La Cigale hotel.
On Sunday, an appeal court in Qatar upheld the death penalty, a spokesman at
the Foreign Office said.
In a statement on Wednesday, her mother Alison said the family remained
devastated but felt justice had been done.
She said: "Following Sunday's court hearing, I am feeling very emotional but
relieved that the trial is now over.
"The family remain devastated by the senseless and tragic events of October
2013, but due to the thoroughness of the judicial process in Qatar we now feel
that justice has thankfully prevailed for Lauren.
"I would like to thank all those who have supported me during this difficult
process and request that our family's privacy be respected at this time."
(source: aol.co.uk)
INDIA:
Indian court rejects death penalty plea in 2002 riots----Angry mob gang-raped
19-year old pregnant Muslim woman, killed 14 of her family members in 2002
Gujarat riots
An Indian court has turned down a plea seeking death penalty for three men
convicted of gang-raping a pregnant Muslim woman and murdering 14 of her family
members.
The incident had taken place in anti-Muslim riots in the western state of
Gujarat in 2002. 12 people were awarded life imprisonment in the case.
The Central Bureau of Investigation (CBI) had asked the Bombay High Court to
order death penalty for three of the accused -- Govind Nai, Shailesh Bhatt and
Jaswant Nai -- as it has evidence that they gang-raped Bilkis Bano, a
19-year-old woman.
According to CBI, Bhatt was involved in killing Bano's 3-year-old daughter by
crushing her head with a stone.
Bano had recognized her rapists during interrogation. The CBI had termed it a
"rarest of rare case" and demanded death penalty for 3 of the convicts.
She along with other Muslims was attacked by a mob on March 3, 2002 in Dahod
district. She was 5 months pregnant when she was raped by her fellow villagers.
She lost 14 members of her family including her 3-year-old child, 2 sisters and
mother. Only 2 family members of Bano survived after the violence.
However, the court accepted the plea of the CBI to reverse the acquittal of 5
police officers of Gujarat in the case. They were found involved with the
convicts in fudging documents.
A trial court in Mumbai in January, 2008 had sentenced 12 people to life
imprisonment. They later appealed in High Court against their conviction. 1 of
the convicts has died since then.
(source: aa.com.tr)
BANGLADESH:
High Court says it reduced death sentences because convicts tried to save Rakib
The High Court has said it lightened the death sentences of 2 to life
imprisonment for killing Rakib Hawlader in Khulna in 2015 because the convicts
tried to save the life of the teenager after understanding the seriousness of
the crime.
The bench of Justice Jahangir Hossain and Justice Md Jahangir Hossain issued
the verdict on death references and appeals of convicts Omar Sharif and Mintu
Khan on Apr 4.
The full verdict entailing 69 pages was published on Wednesday.
Rakib used to work at a motor workshop owned by one 'Sharif' in Khulna's
Tutpara. 'Sharif' and his uncle 'Mintu' was mad at him after he had left the
job.
On Aug 3, 2015, they inserted a high-pressure air pump nozzle into his rectum.
The high air pressure tore the 12-year-old boy's intestines, rectum and bladder
causing profuse internal bleeding in the stomach.
The incident shocked the nation and calls to bring the perpetrators to justice
reverberated throughout Bangladesh.
In November the same year, a Khulna court handed death penalty to Sharif and
Mintu.
Commuting the death penalty to life term, the High Court said, "From the
evidence of aforesaid witnesses it is found that the accused persons removed
the victim from the place of occurrence to the hospitals soon after incident."
"It is also evident ... that the accused persons were beaten by angry mobs
after occurrence meaning that the accused persons did not flea away rather they
tried to save the life of the victim when they felt that they committed serious
crime on the victim by pumping air into his belly by inflator," it added.
The High Court also slapped the duo with a Tk 50,000 fine each. They have to
serve 2 more years in jail in case of failing to hand over the money to Rakib's
family.
The court also cited that the 2 convicts have no other criminal record.
Rakib's father Nurul Alam Hawlader expressed his frustration when the summary
verdict was issued.
After the full verdict was published on Wednesday, he told bdnews24.com that he
would challenge the High Court verdict in the Appellate Division.
Bangladesh Society for the Enforcement of Human Rights, which provided legal
aid to Rakib's family, has said it will continue to assist the family in the
appeal against the commutation of the death sentence.
Deputy Attorney General Zahirul Haque said the State will also contest the High
Court verdict.
After the summary verdict, the defence lawyers said their clients got 'partial
justice'.
On Wednesday Md Chowdhury Alal, the counsel for Sharif, told bdnews24.com that
the convict was yet to decide about challenging the High Court verdict.
*************************
Law specifying death for disrupting civil aviation tabled in parliament
A draft law imposing death penalty and a fine of Tk 50 million for disrupting
civil aviation has been placed in parliament.
Civil Aviation Minister Rashed Khan Menon tabled the 'Civil Aviation Movement
Bill 2017' in parliament on Wednesday.
It was later sent to the parliamentary standing committee on civil aviation and
tourism ministry for vetting. The committee was given 4 weeks.
The Cabinet gave its final nod to the draft law on Feb 13. It approved the
draft on principle on Feb 29 last year.
The penalties for different crimes related to aviation have been increased in
the draft law.
The draft is an updated version of the 1960's 'The Civil Aviation Ordinance'.
Cabinet Secretary Mohammad Shafiul Alam told reporters after the meeting.
According to the draft, any action disrupting smooth operation of aircraft and
jeopardising people's lives will be considered a crime.
The penalty for such action is death and a fine of Tk 50 million.
Anyone breaching the 'Air Navigation Order' (license for operating aircraft)
will be awarded 5-year jail term or Tk 10 million fine or both.
For misusing the light signals, which is considered a serious crime, the
penalty is life sentence or fine of Tk 50 million or both.
For carrying dangerous items in flights, the penalty is jail for 7 years and a
fine of Tk 5 million.
The law defines 'dangerous items' as any object that is hazardous to health,
property and environment.
The items flagged by the International Civil Aviation as 'dangerous' fall in
this category.
The proposed law imposes 7-year prison term and Tk 5 million fine for entering
Bangladesh's airspace illegally.
(source for both: bdnews24.com)
MALAYSIA:
Lorry driver to hang for killing lover's husband
A lorry driver has been sentenced to death for strangling his lover's husband
after the woman refused to go on with the affair 3 years ago.
Judicial Commissioner Wong Teck Meng, in handing out the sentence to Jaafar
Ngamil, 45, at the High Court here, said the defence had failed to raise
reasonable doubt against the prosecution's case.
Jaafar was found guilty of murdering Jamingan Hambali, 44, in a car in the
vicinity of Kampung Banting in Sabak Bernam, Selangor, between 9.07pm on June
22, 2014, and 8.30am on June 23, 2014.
He was charged under Section 302 of the Penal Code, which carries the mandatory
death penalty upon conviction.
12 prosecution witnesses and 1 defence witness had been called to testify
during the trial, which began on Jan 11 last year.
In his ruling, JC Wong said the 10th prosecution witness, who is Jaafar's
nephew, testified that he was asked to drive the car while Jaafar sat in the
back.
"The witness was then asked to stop near the victim's house to let him in,
where he sat in the front passenger seat.
"While the vehicle was moving, the accused quarrelled with the victim and the
witness saw the accused choking the victim's neck using both hands, causing the
victim to struggle and finally become still.
"The forensics specialist also testified that the cause of death was due to the
pressure on his neck that caused asphyxiation," he said.
Jaafar had argued in his defence that his action of choking Jamingan from
behind was in response to a sudden provocation, as he was trying to protect his
nephew from being beaten up.
"The accused also claimed that unpaid salary was the cause of the fight," JC
Wong added. "However, the accused could have filed a civil suit against the
victim.
"Also, the accused had undue advantage because he was sitting in the back while
the victim was in front, making it hard for the latter to escape during the
attack," he added.
JC Wong also said it was clear that Jaafar had the intention to murder Jamingan
and it was not due to any provocation.
Jaafar appeared calm and kept his head bowed while the sentence was pronounced.
Earlier, in mitigation, Jaafar's counsel, who did not want to be named, said
his client was a divorcee with three children and a 65-year-old mother to
provide for.
He said Jaafar had no prior criminal record.
A sobbing middle-aged woman and three teenagers were seen kissing Jaafar's hand
before he was led out of the courtroom.
(source: thestar.com.my)
******************
Amnesty's concerns over 'diyat' for death row convicts
Amnesty International Malaysia says it has several concerns over the Pahang
Pardons Board's plans to adopt the Islamic law of "diyat" as an alternative to
granting pardons to convicts awaiting the death sentence.
AI Malaysia executive director Shamini Darshni Kaliemuthu said these concerns
included the "diyat" not being consistent with international human rights laws,
giving a private individual the power to decide on a person's life and the
"discriminatory nature" of the "diyat", which puts the poor at a disadvantage.
"Any alternative to hanging a human being is a welcome move. However, we need
to consider the roles of the pardons board and the state in deciding whether to
preserve or end human life.
"Amnesty International Malaysia believes that power to end life should never
lie in the hands of the state as much as it should not lie in the hands of
private individuals," she said, adding it was the discretion of state pardons
boards to offer clemency.
"The former Special Rapporteur on Extrajudicial, Summary or Arbitrary
Executions had noted that the 'diyat' may operate inconsistently with
international human rights law, in particular with the guarantees of
non-discrimination and due process when the death penalty is imposed," she said
in a statement to FMT.
She said the right to seek a commutation or pardon for a condemned prisoner is
a right recognised under international law as a safeguard of due process.
"When the death penalty is the mandatory punishment, as it is in our country
for several offences, the clemency process becomes an urgent and critical final
opportunity for a meaningful review of the circumstances of the case and of the
offender, which at the moment cannot be weighed by judges at sentencing."
Citing the case of former death row inmate Shahrul Izani Suparman for
possession of cannabis, Shamini said the Sultan of Selangor, Sultan Sharafuddin
Idris Shah saw that Shahrul had fully repented and spared his life.
The pardons process, she added, must be a meaningful opportunity to review a
case, and where the "diyat" pardon is available, it should be supplemented by a
separate public system for seeking an official pardon or commutation.
Shamini also said death-row inmates from poorer backgrounds may be at a
disadvantage to give their victims the compensation requested and this would
strengthen the perception that the death penalty is a "lethal lottery" for
certain sections of society.
Meanwhile, lawyer Faiz Fadzil said the proposal was good but required
amendments to the relevant laws as the power to pardon was in the hands of a
sultan or the Yang di-Pertuan Agong, on the advice of a state's pardons board.
He added what was crucial was that the process must be transparent and the
families of victims aren't pressured by anyone to accept compensation.
Faiz said if a death-row inmate couldn't afford the compensation, it would fall
on the inmate's family to pay.
Yesterday, it was reported that the Regent of Pahang, Tengku Abdullah Sultan
Ahmad Shah, said the Pahang Pardons Board plans to adopt the Islamic law of
"diyat" as an alternative to granting pardon to convicts awaiting the death
sentence.
(source: freemalaysiatoday.com)
INDONESIA:
Death penalty, religious intolerance focus at Indonesia's UN rights review
Executions for drug crimes, rising religious intolerance, and the repression of
activists and journalists in Papua were some major criticisms lodged against
Indonesia's human rights record at the nation???s Universal Periodic Review in
Geneva on Wednesday.
The delegations from around 100 countries lined up to comment on the condition
of human rights in Indonesia, with a slew of states from Europe, Africa and the
Americas recommending that Indonesia re-impose a moratorium on the death
penalty and steps towards the elimination of capital punishment.
The United Nations Human Rights Council conducts the UPR for each member state
every 5 years, providing an opportunity for other nations to analyse progress
and highlight concerns.
While states parties applauded Indonesia's progress in pursuing the protection
of rights for some vulnerable groups such as women, children and people with
disabilities, Indonesia's high-level delegation was faced with widespread calls
to better protect religious and LGBT minority groups.
Indonesia staunchly defends executions
Long a diplomatic sticking point with nations around the globe, Indonesia came
under heavy criticism from dozens of countries for its continued use of capital
punishment for people convicted of drug offences.
Indonesian Justice and Human Rights Minister Yassona Laoly pushed back against
the criticism, stating that continuing to implement the death penalty was
important for addressing the nation's drug problems.
"Each day 33 persons ... die because of drug abuse," he said. "If you are a
family member of the drugs victims, surely you will understand."
Yassona continued that "the rights of the offender must always be weighed
against the rights of the victims," but that without strict punishments to
contain drug use, "the future of the nation will become bleak."
"As a democratic country, public discourse on the implementation of the death
penalty is ongoing in Indonesia," he said.
(source: asiancorrespondent.com)
BELARUS:
Belarus parliament discusses death penalty issues
Death penalty issues were discussed in the House of Representatives of the
National Assembly of Belarus on 3 May. Attending the meeting were MPs and
foreign experts, BelTA has learned.
Andrei Naumovich, Chairman of the Human Rights, National Relations, and Mass
Media Commission of the House of Representatives, stated that a working group
on death penalty was set up in the new-convocation parliament. The working
group will inform the public on the aspects of the punishment and provide a
full-fledged monitoring of the situation. MPs will hold meetings in
constituencies, study people's opinion in the regions. "The matter requires a
wide-ranging discussion with the people of the Republic of Belarus," Andrei
Naumovich said. He also mentioned that this issue was discussed during the
recent visit of Andrea Rigoni, Rapporteur on Belarus of the Political Affairs
and Democracy Committee of the Parliamentary Assembly of the Council of Europe
(PACE), to Belarus.
MPs and senators expressed their opinions on the matter during today's meeting.
One of the key speakers was member of the Death Penalty Expert Group at the UK
Foreign and Commonwealth Office Parvais Jabbar.
(source: law.by)
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