[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

May 13



INDIA:

Thane: 2 get death for 2012 gangrape and murder----Police officers recall how 
probe into case began with just an unidentified body.


The death penalty Thursday awarded by a Thane sessions court to 2 persons for 
raping 2 women and killing 1 of them has marked the end of a 5-year story for 
the investigating officers of the case. The case that was solved by the Navi 
Mumbai crime branch started with an unidentified body of a woman found below an 
under-construction flyover on the Sion Panvel highway on May 9, 2012.

During the course of the investigation, the police found that the woman was a 
ragpicker and had been raped and murdered. More importantly, they found that 
another woman had been attacked with her, but had managed to survive. The 
police traced her, and it was the testimony of the survivor that helped police 
arrest the 2 accused, Rahimuddin Shaikh (29) and Sandeep Shirsat (25). After 
their conviction and sentencing, officers said they felt satisfied 
professionally.

A Thane sessions court on Thursday held Shaikh and Shirsat guilty of gangrape 
and murder. District government pleader Sangita Phad said, "The court found 
that their act was of extreme brutality and awarded them the death penalty."

Both the women, in their 20s, had been attacked several times with knives and 
hexo-blades by Shaikh and Shirsat.

Meera Bansode, the investigating officer of the case, said, "The case began 
with an unidentified body of a woman with absolutely no clue. After 
investigating, we found that another woman too had been attacked at the same 
spot but had managed to flee. We then started looking for the woman. 
Eventually, after verifying several details, we managed to track her to Govandi 
in Mumbai. She too had sustained several injuries."

The police then convinced her to be a complainant in the case and based on her 
statement, found that Shaikh and Shirsat, 2 caterers, had attacked them.The 
survivor told the police that the duo had promised to get them jobs as 
caterers.They then took them below the flyover, where they got them inebriated 
by mixing their cold drinks with alcohol.

The accused then raped the 2 women at knifepoint and slashed and stabbed them 
several times. "They also disfigured the face of 1 of the women before they 
left. They did not realise that the other woman was still alive," Bansode said.

Dattatray Shinde, the then DCP, Navi Mumbai crime branch, who is now Sangli 
Superintendent of Police, said, "It is satisfying to know that the death 
penalty was awarded in the case. The men were heartless. They deserved nothing 
less then capital punishment," Shinde said.

(source: indiansxpress.com)






PAKISTAN:

Lahore court awards death penalty to 2


District and sessions Judge Chaudhry Muhammad Tariq handed down a death 
sentence and life imprisonment to 2 suspects for a murder case in the Katha 
Saghral police jurisdiction.

According to the prosecution, Shahnawaz, along with Ahmad Nawaz, Gulbaz and 
Sher Muhammad, killed Ghulam Haider of Mangowal over an old enmity on October 
10, 2015. The local police had registered a case against the suspects and 
presented the charge sheet before the court for trial.

After considering the evidence, the court sentenced Shahnawaz to death and sent 
Ahmad Nawaz to jail for life.

In another case, additional district and sessions judge Mian Shahzad Raza 
sentenced a man to death on Friday for a murder case in the Bhalwal police 
jurisdiction.

According to the prosecution, accused Muhammad Mumtaz of Bhalwal, with his 
accomplice Akhtar, had murdered Muhammad Ashraf over some issue on July 6, 
2007.

Police registered a case against the accused and the court sentenced Mumtaz to 
death, while slapping a fine of Rs 220,000. It also handed a sentence of 10 
years imprisonment to Akhtar.

Meanwhile, police also arrested 11 suspects and recovered narcotics and illegal 
weapons from their possession on Friday.

Members of the force confiscated 2,800g of hashish, 1,005g of heroin, 226 
bottles of liquor, 1 pistol and a gun.

(source: The Daily Times)






KENYA:

Court directs Parliament, AG to amend juvenile death penalty law


The High Court has ordered the National Assembly and the Attorney General (AG) 
to amend the criminal law that allows children to serve the death penalty.

Justice John Mativo ordered that the National Assembly and the government's 
principal legal advisor should see to it that the criminal law that subjects 
minors to the death penalty is changed so that it is in tandem with the one 
that protects rights of every child in the Constitution.

The criminal law as it is currently allows the courts to have child offenders 
sentenced to death be detained until only when the President intervenes can 
they be freed.

But Justice Mativo in his ruling declared such detention at the President's 
pleasure for children as unconstitutional.

"The AG and Parliament be and are hereby directed to move with speed to enact 
the necessary amendments to ensure that the section of the criminal law that 
allows children to be detained at the President's pleasure conform with the 
constitutional one that specifies on rights of a child," said Justice Mativo.

CONVICTS

The judge pointed out that in the concept of separation of powers, judicial 
authority cannot be subjected to the hands of the executive at all.

He also ruled that judicial discretion and independence as well as promoting 
constitutionalism should be at the forefront in a democratic society.

The judge issued the verdict in a case in which 6 convicts, who were put on 
death row before they attained age 18, sought an interpretation on the disputed 
section of the impugned criminal law (Section 25(2) & (3) of the Penal Code).

They had sued the offices of the AG and the Director of Public Prosecution 
(DPP) in December 2015.

At the time of conviction, they were aged between 12 and 17 years. They have 
all been in prison for a period ranging between 8 and 22 years.

They argued that arraignment of an accused person to court up to sentencing is 
a function of the judiciary, which requires a fair trial at all stages.

EXECUTIVE POWERS

But the DPP argued that the disputed law does not go against the constitution. 
The AG did not respond to the suit.

However, with the verdict issued, Justice Mativo granted them reprieve as he 
also ordered that they be released from prison immediately.

The judge said they were imprisoned for an indefinite period at the pleasure of 
the President, which automatically means that executive powers will determine 
the duration of their sentences yet that alone is unlawful.

Since the Children's Act came into effect on March 1, 2002 while the criminal 
law (Penal Code) on August 1, 1930, the judge said it is more powerful as it 
revokes the other.

???In my view sentencing of children is a constitutional matter of great 
concern, their rights are of great importance in our society, therefore, courts 
are required to distinguish between minors and adult offenders since they must 
enjoy preferential sentencing treatment," ruled Justice Mativo.

(source: kdrtv.com)






INDONESIA:

Catholic leaders criticize Indonesia's continued use of death penalty


Indonesia has rejected the possibility of abolishing the death penalty at a 
United Nations hearing reviewing the country's human rights situation.

Abolishing the death penalty was one of the recommendations put to Indonesia by 
member states at the 27th session of the U.N. Universal Periodic Review in 
Geneva. The review regularly examines the human rights record of member states.

Law and Human Rights Minister Yasonna Laoly, who led the Indonesian delegation 
at the hearing that ended May 12, rejected the recommendation. She said the 
death penalty was an integral part of President Joko Widodo's fight against 
narcotics, which she described as one of the top-3 causes of death among 
Indonesian youths.

Catholic Church leaders in Indonesia immediately criticized the rejection.

Father Paulus Siswantoko, executive secretary of the Indonesian bishops' 
Commission for Justice, Peace and Pastoral for Migrant People, said the 
government's insistence on keeping the death penalty shows its failure to 
handle drug-related crimes, reported ucanews.com.

The government often has argued the death penalty is a deterrent, but Father 
Siswantoko challenged the notion.

"Drug-related crimes and serious violence continue to occur unabated," he said.

Teguh Budiono of the Community of Sant'Egidio, a Catholic lay group, said 
keeping the death penalty will perpetuate a culture of violence in society.

"Instead of providing a deterrent effect, this practice will only provide an 
affirmation of the passion of revenge," he said.

(source: Catholic News Service)

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

Indonesia dismisses calls to abolish death penalty----Church leaders call 
rejection proof of govt failure to tackle drug problem, other serious crimes


Indonesia has rejected the possibility of abolishing the death penalty at a 
United Nations hearing reviewing the country's human rights situation.

Abolishing the death penalty was one of the recommendations put to Indonesia by 
member states at the 27th session of the U.N. Universal Period Review in 
Geneva, Switzerland.

Law and Human Rights Minister Yasonna Laoly, who led the Indonesian delegation, 
rejected the recommendation, saying the death penalty was an integral part of 
President Joko Widodo's fight against narcotics, which she said was 1 of the 
top-3 causes of death among Indonesian youths.

Catholic Church leaders in Indonesia immediately criticized the rejection.

Father Paulus Siswantoko of the Indonesian bishops' Commission for Justice, 
Peace and Pastoral for Migrant People said the government's insistence on 
keeping the death penalty shows its failure to handle drug-related crimes

. The government has often argued the death penalty is a deterrent, but this is 
not the case, he said.

"Drug-related crimes and serious violence continue to occur unabated," he said.

Teguh Budiono, from the Community of Sant'Egidio, a Catholic lay group, said 
keeping the death penalty will perpetuate a culture of violence in society.

"Instead of providing a deterrent effect, this practice will only provide an 
affirmation of the passion of revenge," he said.

(source: ucanews.com)