[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

May 9



TURKEY:

Turkey Reinstating Death Penalty Would Mean End of EU Accession Talks - 
Juncker-----If Turkey goes through with reintroduction of death the penalty, it 
will mean the end of the country's talks on the accession to the European 
Union, European Commission President Jean-Claude Juncker said in an interview 
with the Rheinishe Post newspaper on Monday.


Following Turkey's constitutional referendum on expanding presidential powers 
over the judicial and legislative branches of the government, held on April 16, 
Turkish President Recep Tayyip Erdogan expressed his readiness to reinstate the 
death penalty if the measure was supported by the people. Turkish protestors 
chant slogans and a man (C) holds a placard reading ''We want death penalty'' 
as former Turkish soldiers, accused of trying to assassinate Turkish President 
during the July coup attempt, are escorted by Turkish soldiers towards the 
courthouse in Mugla, western Turkey, on February. "It is the ultimate red line. 
If the introduction of death penalty becomes more than a rhetoric, it will be 
Turkey's clear renunciation of the European family. It will be equal to the end 
of the negotiations, because our Union is based upon respect for democracy, 
human rights and the rule of law, as well as upon the European Convention for 
the Protection of Human Rights and Fundamental Freedoms. These values exclude 
death penalty," Juncker said.

Ankara signed an association agreement with the then-European Community in 
1963, and submitted a membership application in 1987. Talks concerning Turkish 
membership into the European Union began in 2005. On November 24, European 
lawmakers voted in favor of freezing EU accession talks with Turkey until it 
lifted restrictive measures in the country, set in place since a failed coup in 
July 2016.

(source: sputniknews.com)




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Opposition MHP calls on AKP gov't to swiftly reinstate death penalty


Nationalist Movement Party (MHP) leader Devlet Bahceli has issued a strong call 
to the ruling Justice and Development Party (AKP) to swiftly reinstitute the 
death penalty amid warnings from the European Union.

"Once again I declare my determination. The MHP is present with its full power 
for a proposal or a draft that will be prepared and accepted in parliament 
after discussions regarding the imposition of the death penalty," Bahceli said 
in a parliamentary group meeting on May 9. "It is waiting for this issue to be 
closed swiftly."

The reinstitution of the death penalty was brought to the agenda repeatedly 
ahead of the April 16 constitutional referendum, particularly by President 
Recep Tayyip Erdogan, who promised to approve any constitutional amendment that 
would bring back capital punishment. Erdogan said the people were demanding the 
penalty from the government, especially after the July 2016 coup attempt.

"Is the death penalty a social demand? Yes. Will the ruling Justice and 
Development Party (AKP) support it? Yes. Will the president approve it if the 
law is conveyed to him? That is a 'yes' too. Then we should not wait, sing in 
someone else's tone or be late. Instead, we should show what Turkey is and will 
be by declaring to everybody her independence," he said, eliciting applause 
from party members in the group meeting.

The death penalty has not been implemented since 1984, while Turkey formally 
abolished capital punishment in 2004 as part of reforms to ease Turkey's 
accession to the European Union.

European Commission chief Jean-Claude Juncker said in March that any return of 
the death penalty in Turkey would be a "red line" in the country's stalled EU 
membership bid.

Bahceli criticized Europe's position on the issue.

"Now some European countries say they will not allow a possible referendum 
concerning the death penalty.

"So much so that they argue and state that capital punishment is against all 
the values of European countries. So, is it a part of European values to give 
support to terrorist organizations?" he said.

(source: Hurriyet Daiy News)






IRELAND:

Garda assassinations and IRA executions during the Emergency----The IRA shot 
dead 5 gardai during the 2nd World War. The State executed 6 IRA men


The 2nd World War was a conflict that claimed tens of millions of lives 
worldwide. Although Ireland adopted a neutral stance during the war, it would 
not be completely shielded from the effects of the brutal conflict. Rationing 
of basic items, including tea, sugar, petrol and tobacco took its toll on the 
Irish population, although this seemed like a small price to pay to keep 
citizens far away from the horrors of the front line of war.

Not everyone agreed with the policy of neutrality, however. Certain people, TD 
James Dillon foremost among them, argued passionately that Ireland was duty 
bound to support Britain and the Allies against the evils of Nazi Germany. 
Conversely, elements within the IRA stuck to the old mantra that "England's 
difficulty is Ireland's opportunity" and believed that an alliance with the 
Germans was likely to lead to a united Ireland in the event of them winning the 
war.

The republicans would make contact with the German military secret service, the 
Abwehr, early in the conflict, even sending chief of staff Sean Russell to 
Berlin to meet high-ranking members of the government there. At the same time, 
they declared war on England and inaugurated the "S-Plan", a bombing campaign 
across the Irish Sea to aid the German cause.

Although the whole of Britain had entered the war, the IRA decided that on the 
basis of Celtic solidarity their campaign would be confined to England only, 
Wales and Scotland being excluded. There would be more than 200 bombings, most 
of which caused minimal damage. In 1939, however, a bomb was detonated in a 
busy Coventry street that caused the death of 5 civilians. Peter Barnes and 
James McCormack were convicted of aiding in the planting of the device and 
sentenced to death by the Crown. Before their hanging the Eamon de Valera-led 
Fianna Fail government made numerous overtures to the British, imploring them 
to commute the men's sentences. It was to no avail, however, and both were 
hanged and buried in unmarked graves in Winson Green Prison.

Despite their protestations about the hangings of Barnes and McCormack, Fianna 
Fail were themselves growing increasingly worried about the IRA's behaviour. 
The English had made clear their fury about the subversive group's conduct and 
hinted that it threatened Ireland's neutral stance. Just before Christmas 1939 
the IRA again caused the government a major headache when they stole more than 
one million rounds of ammunition from the Phoenix Park Magazine Fort.

Although most of the loot was recovered swiftly, it would still prove a highly 
embarrassing incident for the establishment. The government at this point 
decided to clamp down hard on their former republican allies by introducing the 
harsh Emergency Powers Act, draconian legislation re-introducing internment, 
flogging and the death penalty for subversive activity. The stage was set for a 
period of violence between the government, the Garda and the IRA as bad as 
anything seen since the days of the Civil War.

The 1st Garda casualty of the Emergency period was Detective John Roche, who 
was shot dead on Patrick Street in Cork City in January 1940. The detective and 
2 of his colleagues had been attempting to arrest Tomas Og Mac Curtain. A 
commandant in the IRA, Mac Curtain was the son of the Lord Mayor of Cork of the 
same name who had been murdered during the war of independence by British 
forces. He did not go quietly when the Garda attempted to put him under arrest, 
however, instead pulling out a gun and shooting Roche. Mac Curtain was 
sentenced to death under the new legislation but would receive a last-minute 
reprieve, partially down to a spirited campaign fought by his defence solicitor 
Sean MacBride, himself a former chief of staff of the IRA. Other IRA volunteers 
would not be so lucky.

Patrick McGrath and Thomas Harte would be the 1st IRA members executed by the 
State since the civil war. The men were in a safe house in Rathgar on August 
16th, 1940 when Special Branch detectives came knocking. The door was 
eventually opened and as Detective Richard Hyland and Patrick McKeown entered 
the building they were shot down in a hail of machine gun fire. At least 3 IRA 
men then ran from the house but McGrath and Harte were swiftly captured. They 
were arrested, tried and found guilty of the deaths of the 2 detectives. 
Justice was swift, the pair being shot by firing squad on September 6th, just 
over 2 weeks after the crime.

George Plant was convicted in 1941, along with two other IRA men, of shooting 
dead and burying Michael Devereux, a Wexford lorry driver and fellow IRA man 
who was suspected of being an informer. Plant was the only 1 of the 3 to be 
executed. George Plant was convicted in 1941, along with 2 other IRA men, of 
shooting dead and burying Michael Devereux, a Wexford lorry driver and fellow 
IRA man who was suspected of being an informer.

A volunteer named Richard Goss would be next to be put to death after a Garda 
was shot outside a house in which Goss had been staying in Co Longford. 
Although the Garda in question was not killed, the tribunal still sentenced the 
IRA man to death and he was executed by firing squad in September 1941. George 
Plant would face the firing squad shortly afterwards, although his crime did 
not involve a dead or injured Garda. Plant was convicted, along with two other 
IRA volunteers, of shooting dead and burying Michael Devereux, a Wexford lorry 
driver and IRA operative that was suspected of being an informer. For reasons 
known only to the government of the day, both of his colleagues would be 
reprieved but the death sentence on George Plant would go ahead as planned.

Maurice O'Neill, from Caherciveen, was shot by firing squad on November 12th 
for his murder Detective George Mordaunt, a father of 2, was shot dead 
attempting to capture wanted IRA operatives in a house in Donnycarney on 
October 24th, 1942.

Detective George Mordaunt, a detective and father of 2, was another member of 
the Garda killed in a firefight with the IRA. The detective had been part of a 
team attempting to capture wanted IRA operatives in a house in Donnycarney in 
1942. The IRA men in question were armed, however, and an exchange of gunfire 
ensued. Mordaunt would be shot in the confusion and 1 of the IRA men, Maurice 
O'Neill, was captured. O'Neill, a native of Caherciveen, stood trial with a 
familiar outcome. He was brought in front of the firing squad on November 12th 
of the same year.

The IRA was in disarray towards the end of the Emergency, as a result of 
internment and the death penalty being utilised on both sides of the Border. 
Internally the organisation also found itself in chaos, even suspecting their 
own chief of staff, Stephen Hayes, of being a paid informer. His successor, 
Hugh McAteer, was arrested and the IRA needed a replacement quickly. Tralee 
native Charles Kerins was deemed suitable and appointed to the position by the 
IRA in July 1942, despite being just 24 years of age. In September 1942 
Detective Sergeant Denis O'Brien was ambushed and shot dead outside his home in 
Ballyboden in Co Dublin. O'Brien had been a thorn in the side of the IRA 
throughout the Emergency and his death would cause outrage in the country.

Detective Sergeant Denis O'Brien was leaving his home at Ballyboden, Co Dublin 
when he was ambushed and shot dead by the IRA on September 9th, 1942. Charles 
Kerins, then IRA chief of staff, was hanged for his murder 2 years later 
Detective Sergeant Denis O'Brien was leaving his home at Ballyboden, Co Dublin 
when he was ambushed and shot dead by the IRA on September 9th, 1942. Charles 
Kerins, then IRA chief of staff, was hanged for his murder 2 years later

Kerins was arrested for the crime almost two years later and stood trial. The 
main evidence against him was a fingerprint on the frame of a bicycle left near 
the scene of the crime. Although Kerins refused to recognise the court he was 
found guilty regardless. Petitions for clemency were organised, attracting 
thousands of signatures but the government refused to act on them. In a further 
insult to the republican movement, Kerins was hanged rather than shot before 
being buried within the grounds of Mountjoy. Kerins would be the last of six 
IRA volunteers executed by the Free State during the Emergency. The conflict 
would come to an end less than a year after his death but by that point the 
Garda had effectively wiped out the upper echelons of the organisation by using 
mass internment. Flogging and executions were also employed as methods of 
halting the IRA's campaign of bank robberies, as well as its efforts to liaise 
with the Germans. The morale of the IRA was broken, more than 80 per cent of 
internees leaving the organisation after 1945.

The war would end, but the bitterness felt by many republicans at what they saw 
as a grave injustice would live on. Hundreds of republicans had been interned, 
dozens were flogged, 3 had been killed in fire-fights with Gardai, 1 man was 
hanged and 5 others had met their death in front of a firing squad. Kerins' 
death would arouse particular anger; the IRA had already been defeated by then 
and it was felt that it had been a pointless act of revenge. On the 
instructions of minister for justice Sean MacEoin the bodies of the IRA men 
executed during the war were released to their families in 1948 and reinterred 
in their own chosen graveyards.

The Emergency had not officially come to Ireland's shores although several IRA 
volunteers would die as an indirect result of the conflict. The period also 
took a heavy toll on the Garda, who found themselves on the front line in a 
vicious conflict with the IRA.

(source: Colm Wallace is the author of The Fallen: Gardai killed in Service 
1922-1949, which tells the story of 21 gardai who were killed in the line of 
duty in the lifetime of the Irish Free State. It is available from 
Historypress.ie ---- irishtimes.com)






INDIA:

Anna Hazare says ministers convicted corrupt should be awarded death penalty, 
asks Arvind Kejriwal to step down as Delhi CM


Reacting to the turmoil within the Aam Aadmi Party (AAP), anti-corruption 
crusader Anna Hazare on Monday said he was deeply disappointed by the 
allegations of corruption against Arvind Kejriwal and that the latter should 
step down from his post.

"Arvind Kejriwal should step down as CM pending a probe. He should start a 
probe into his dealings," CNN-News18 quoted Anna as saying.

"It is sad to see that founders of anti-corruption movement are facing 
corruption charges," Anna said.

"It's proved that Kejriwal is involved in corruption and taken money from 
Satyendra Jain, then he should immediately step down and face the law," Anna 
told the Times Now.

In addition, the veteran social activist further demanded that laws should be 
made that will hand out capital punishment to any minister who's convicted of 
corrupt practice.

"Like in Nirbhaya's case, all the convicts have been given the death sentence, 
all convict corrupt ministers should also be hanged," Hazare added.

Sacked Delhi Minister Kapil Mishra was today suspended from AAP's primary 
membership after he levelled new allegations that Delhi Health Minister 
Satyendar Jain settled a Rs 50 crore land deal for CM Kejriwal's brother-in-law 
in south Delhi.

The decision was taken at a meeting of Aam Aadmi Party`s Political Affairs 
Committee (PAC) at Kejriwal`s residence in Civil Lines here.

Earlier today, Mishra went to the Anti-Corruption Branch (ACB) and claimed to 
have evidence in support of his allegations that 2 people close to Kejriwal 
tried to influence the probe in the water tanker scam.

Moreover, he also dared Kejriwal and Jain to undergo a lie detector test and 
offered to subject himself to such a test.

Mishra had alleged that he witnessed Kejriwal taking Rs 2 crore from Jain.

The party has trashed all the allegations levelled by the former water minister 
and accused him of being hand in glove with BJP and the central government.

(source: Zee News)

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Kulbhushan Jadhav's death sentence: 5 things India can do to deal with Pakistan


With the death sentence awarded to former Indian naval officer Kulbhushan 
Sudhir Jadhav by a Pakistani military court, India has now made it clear that 
its focus, for now, lies on bringing Jadhav back, irrespective of the 
repercussions it has on its ties with Pakistan.

Both External Affairs Minister Sushma Swaraj and Home Minister Rajnath Singh 
called the death sentence "pre-meditated murder". Immediately after the news 
came in, India's foreign secretary, S Jaishankar, summoned Pakistan's high 
commissioner, Abdul Basit, and issued a demarche.

"If basic norms of law and justice are not observed, the government and the 
people of India will regard it as premeditated murder," the Ministry of 
External Affairs had said in the demarche. "It is significant that our High 
Commission was not even informed that Kulbhushan Jadhav was being brought to 
trial," it had added.

Undoubtedly, the Indian government is naturally very angry. But despite the 
outrage, the government will have to calmly and objectively look at the options 
available to bring Jadhav back.

The 1st and probably most important thing India needs to realise is that the 
issue will not simmer down anytime soon. This issue will take time to be 
resolved. After all, Pakistani authorities did not say when the sentence would 
be carried out. Diplomatic manoeuvring, lengthy legal proceedings and the 
possibility of appeal could mean the case will be contested for years, an 
analyst told Reuters.

"Very often, they keep these guys on death row for years, if not decades, as 
bargaining chips," said Ajai Sahni, executive director at the Institute for 
Conflict Management in New Delhi.

Sahni said there was "going to be a lot of posturing by both sides" but he 
doubted it would lead to any direct military action.

Former foreign secretary Kanwal Sibal believes that New Delhi would raise 
Jadhav's issue in all diplomatic forums and talk about the 'farcical' trial, 
according to this Firstpost article. The fact that India was not granted 
consular access to the prisoner will also be brought up in subsequent 
exchanges.

Back channel talks are another option which India and Pakistan have used many 
times earlier too. But in March 2016, after Jadhav's arrest by Pakistan, the 
back channel diplomacy between the 2 countries had been threatened, PTI had 
reported. News18 also reported that Indian agencies told the government to not 
use back channel talks immediately.

Sibal had also speculated that apart from India making loud noise over this 
issue, there could also be kidnapping of Pakistani soldiers from across the 
Line of Control.

Besides these measures, Jadhav himself has a right to appeal against his death 
sentence within 60 days. According to India Today, Jadhav can appeal in the 
Military Appellate Tribunal under the Pakistan Army Act, 1952. But the chances 
of getting a different verdict are low.

Another option for Jadhav is to appeal in a civilian court for 'review' of the 
Field General Court Martial verdict. The report said that according to Section 
7.2.3. of the Pakistan Army Act, military court convicts have the right to get 
the judgment reviewed by civilian courts. The Indian government could also find 
a lawyer to defend Jadhav if Pakistan gives him consular access.

News18 further reported that even after the first 60 days in which Jadhav has a 
right to appeal, he has another 60 days to file a mercy petition before 
Pakistan President Mamnoon Hussain.

Top US experts have warned that even though the evidence against Jadhav is 
flimsy, Pakistan wants to send a strong message to India.

"Apart from the gross irregularities in the Jadhav situation, such as the lack 
of consular access and the secrecy surrounding the surprise court-martial, what 
struck me the most is the contrast between the speed of Jadhav's trial set 
against the endless postponements for that of the Mumbai attackers," Alyssa 
Ayres, senior fellow for India, Pakistan and South Asia at the Council on 
Foreign Relations (a top American think-tank), told PTI.

"At the same time, given how much India will want to ensure that Yadav isn't 
executed, Pakistan now has a very large bargaining chip at its disposal. 
Pakistan may want to use Jadhav as a trump card to get some type of major 
concession from India," Michael Kugelman, deputy director and senior associate 
for South Asia at the prestigious Woodrow Wilson Center, said.

"The bottom line is that India-Pakistan relations are on life support. We can 
kiss goodbye any immediate prospects for resuming dialogue, though that wasn't 
a very strong possibility even before the announcement about Jadhav's death 
sentence. Ultimately, India and Pakistan face some very dark and dangerous days 
ahead," he added.

(source: firstpost.com)






BELARUS:

OSCE ODIHR urges Belarus to put executions on hold


Director of the OSCE Office for Democratic Institutions and Human Rights (OSCE 
ODIHR) Michael Georg Link has again urged Belarus to set an immediate 
moratorium on executions as a 1st step towards complete termination of the 
death penalty in the country, the OSCE ODIHR posted a corresponding statement 
on its website on Monday.

Link voiced his concern over reports on a recent execution in Belarus.

"The use of the death penalty is completely out of place in a region where most 
countries recognize the inherently cruel, inhuman and degrading nature of a 
punishment that fails to act as a deterrent and makes any miscarriage of 
justice irreversible," Link said.

"Once again, I urge the Belarusian authorities to consider abolishing the death 
penalty in all circumstances, as all but 1 other of the OSCE participating 
States have done, and to introduce an immediate moratorium as a 1st step 
towards abolition," he added.

Link's statement comes after news of a possible execution of a Sergei 
Vostryakov, who was found guilty of rape and murder. 2 more inmates sentenced 
to capital punishment are reported to be expecting their executions.

(source: tass.com)






IRAQ:

UNAMI urges senior officials to halt executions in Kurdistan Region


The United Nations Assistance Mission for Iraq (UNAMI) called on Kurdish senior 
officials to halt executions in the Kurdistan Region.

NRT obtained a document on Monday (May 8), showing a letter from UNAMI's Chief 
of Human Rights to Masoud Barzani, Kurdistan Regional Government (KRG) Prime 
Minister Nechirvan Barzani, Head of Judiciary Council, Judge Bangin Qasim, and 
Chief Prosecutor, Judge Mariwan Burhan.

The letter, in response to a letter on May 4, 2017, says Barzani had signed 
orders on April 20, 2017 for the execution of 3 individuals, Marewan Ali 
Ismail, Bashar Abdullah Mohammed, and Neshwan Sabr Ali.

All 3 individuals were sentenced for their involvement in the death of 
Kurdistan Democratic Party (KDP) Leadership Member and Head of Peshmerga 
Frontlines in Khazir, Faraydun Jwanroyee, who police say was killed in a fight 
between 2 families on August 25, 2015.

"I requested that these officials take all actions within their power to halt 
these and any future executions of convicts sentenced to death, and to 
re-instate the strict moratorium on carrying out executions under any 
circumstances," the letter read.

According to the letter, the UNAMI's Chief of Human Rights Officer, which also 
represents the U.N. High Commission for Human Rights, has informed the 
commission in Geneva and U.N. Special Rapporteurs.

"The United Nations strongly believes that the death penalty does not serve the 
interests of justice, neither in relation to the victims or their families, nor 
is it an appropriate response to the perpetrators of such crimes," the letter 
continued.

The UNAMI's Chief of Human Rights Officer said the U.N. cannot intervene 
directly in the state administration but that the UNAMI office will "make every 
effort to encourage" the Kurdish authorities to review the cases.

(source: nrttv.com)