[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Oct. 14




TANZANIA:

Abolish Death Sentence to Protect Rights, Govt Urged



Pressure is mounting for Tanzania to abolish the death penalty.

That follows President John Magufuli's remarks that he would not sign any death 
warrant during his term in office.

Legal and Human Rights Centre official Fulgence Massawe said during an event to 
mark International Day Against Death Penalty here that Tanzania should end 
capital punishment.

During a ceremony to swear in Prof Ibrahim Juma as chief justice, President 
Magufuli said last month that he would not sign any death warrant under his 
presidency.

"It's high time Tanzania repealed the law on capital punishment because it is 
against human rights," Mr Massawe emphasised.

Former Prisons commissioner John Nyoka urged Tanzania to join other 
Commonwealth countries to abolish the death penalty as its execution had not 
proved successful in ending murders.

"We can change the punishment to life sentence but not hanging them to death," 
said Mr Nyoka, who also worked in Namibia for 17 years to restructure that 
country's former apartheid correctional system.

Earlier, French ambassador Malika Berak said the country abolished death 
penalty in 1981 after realising that it was contrary to principles of human 
rights.

"The decision did not come overnight. Since the French Revolution in 1789, 
people debated the matter. In fact it took us 2 centuries to reach to 
conclusion that that type of punishment should end it," she said.

She is happy that Tanzania has not carried out capital punishment since 1994 
and hopes that the country will join the long list of countries which have 
voluntarily adhered to the Universal Declaration on Human Rights and to fully 
implement its article 3 on the right to life.

(source: The Citizen)








NIGERIA:

Freed from hangman's noose after 13 years, 2 ex-prisoners start afresh



As a teenager, his dream was to play professional football. Williams Owodo, 
then 16, knew he had the skills and therefore needed to maintain his training 
routine daily to acutalise his passion. Little did he know that fate had a 
different plan for him.

On February 1, 1995, in one of his usual evening trainings in Ajegunle area of 
Lagos, a fight broke out around the neighbourhood where the football field he 
trains is located. And someone died in the fracas and the Police apprehended 
him on his way home from football training.

That was the beginning of his travails that culminated in a death sentence. He 
waited 18 years of harrowing experience for the hangman before he was freed 
through the providential intervention of the Legal Defence Assistance Project 
(LEDAP).

Accused of murder, Owodo was tortured, tried, convicted and sentenced to death 
by hanging. But LEDAP launched an appeal against his conviction, which 
exonerated the condemned 'criminal' and validated his innocence.

He reminisced: "I spent 9 years in Ikoyi Prison and was later transferred to 
Kirikiri Maximum-Security Prison, where I spent another 9 years. In total, I 
spent 18 years in prison for an offence I didn't commit.

"Before the incident happened, my daily routine was to play football every 
evening in the field with my friends. While playing, a fight occurred and 
someone got killed. The Police arrested me and asked me to come and make 
statement at their station.

"I got there and made a statement, but the Police tore it and forced me to sign 
an already written confessional statement that I conspired to murder the man. 
"When the torture became unbearable, without even reading the content of the 
statement, I signed it."

It was on account of that statement that the Judge convicted him. Following the 
nullification of his conviction, Owodo was finally discharged from prison on 
November 13, 2013 after wasting 18 years of his youthful and productive life in 
wrongful incarceration.

Owodo is not alone. Ganiyu Wahab, 53, then a businessman, was 40 when he had 
similar experience. He told The Guardian that he spent 13 years in condemned 
prisoners cell for an offence of murder he did not commit.

He said: "I sell drinks, like beer and others, in cartons. Every year, I 
organised a party as a carnival for the people that patronised my business in 
that area. I had done that for about 5 or 6 years before then.

"In that particular year, a musician came to perform. Area boys and girls, as 
well as my customers also came to enjoy themselves, because it held every 
December.

"There was this girl in my area that had an issue with her boyfriends. 
Suddenly, 2 guys began to fight over her and I was inside my shop when someone 
informed me that people were fighting outside.

"Before I got outside, 1 of the girl's boyfriends had stabbed the another one 
with a small knife. I wasn't even at the scene. "When the injured guy was 
shouting for help, I decided to take him to the hospital for treatment. I just 
helped him. I don't know him because he was not from my neighbourhood.

"After I took him to the hospital, some hours, they treated him and the next 
day, the guy died. So, the doctor said I was the one who brought the boy to the 
hospital and took me to the Police station."

Wahab said he was offered bail, but because he could not afford the amount of 
money demanded from him, he was later tortured and made to sign a confessional 
statement upon which the court convicted and condemned him to death.

He said regarding the day he was condemned to death: "I ran mad! For about 2 to 
3 months, I wasn't myself. My children will come to the prison to plead and 
preach to me, so I could get myself back.

"We didn't have influential people. Assuming I came from a wealthy family, it 
would not have been like that. The law of this country deals with poor people."

The issue of the poor being victims of Nigeria's death penalty laws formed the 
fulcrum of the statement issued by the National Coordinator of LEDAP, Mr. 
Chinonye Obiagwu, as the world marked the World Day Against the use of the 
Death Penalty, with the theme, 'Poverty and the death penalty.'

LEDAP used the opportunity to reaffirm its position that the abolition of death 
penalty in law and practice should be the firm desire of the Nigerian 
government, describing death penalty as cruel and inhumane treatment, which has 
no place in modern society.

"The application of death penalty is discriminatory in Nigeria, as it has 
become a punishment exclusive to the poor in society," Obiagwu stated, adding 
that LEDAP was continually in legal battles with the federal and state 
governments in its quest to ensure that fundamental rights of citizens are 
safe-guarded and death penalty is abolished.

He stated further: "Currently, LEDAP has at least 3 actions in court 
challenging the imposition of death sentences and the proposal of the federal 
and state governments to execute death row inmates.

"LEDAP urges state governors not to sign any death warrant, as it constitutes 
state murder. With high number of criminal convictions overturned on appeal, 
continued execution is risky, as innocent people may be wrongfully killed.

"LEDAP strongly believes that in its practical application, death penalty is 
discriminatory, as there is hardly any rich or influential person in society 
who is sentenced to death, because the rich have the resources to settle the 
Police or afford the best lawyers to ensure they are not convicted."

(source: nigeriatoday.ng)








BAHAMAS:

Ag: Caribbean Court Has Not Departed From Privy Council On Death Penalty



Anyone who thinks adopting the Caribbean Court of Justice as the Bahamas' final 
court of appeal in order to circumvent the Privy Council's "disciplines" on the 
death penalty will be "sorely disappointed", according to Attorney General Carl 
Bethel.

In an interview with the press, Mr Bethel said to date the CCJ has not departed 
from "anything said by the Privy Council in respect to capital punishment."

Last year while in opposition, Prime Minister Dr Hubert Minnis pledged that if 
elected, he would hold a referendum on capital punishment "as soon as 
possible".

At the time, Dr Minnis said he would immediately seek to amend the Constitution 
to remove the UK-based Privy Council as the highest court of appeal for murder 
convicts.

Dr Minnis said in the case of murder convictions, if the trial judge thinks the 
nature and circumstances of the killing merit the imposition of a death 
sentence and the Court of Appeal agrees, the sentence should not be appealed to 
any other court anywhere else in the world.

Last week, Press Secretary Anthony Newbold said he does not know if the Minnis 
administration has made progress in its plans to allow capital punishment to be 
resumed in the Bahamas.

After demanding in opposition that the law on capital punishment be enforced, 
the Minnis administration has, since its election victory in May, done nothing 
to suggest it has begun movement on the issue.

On Thursday, Mr Bethel said he would not say whether or not the government is 
working towards removing the Privy Council as the final court of appeal, but 
said his office is focused on creating an "effective justice system" that will 
be a deterrent to would be criminals.

"Let me say this, courts are courts and anyone who thought that the Caribbean 
Court of Justice would become a short cut or a way around the disciplines being 
imposed by the Privy Council in matters dealing with capital punishment have 
been somewhat disappointed, in fact sorely disappointed," Mr Bethel said.

"The learned Justices of the Caribbean Court of Justice have not found any 
reason thus far to justify departure from anything said by the Privy Council in 
respect to these matters. The real question is though how do we secure a system 
of justice that is effective and through its effectiveness a source of 
deterrence to the would be criminal and also a source of comfort to a society. 
Right now we have a society that is living on the edge because of the fear of 
crime. Efforts are constantly being made to try and find a way to improve the 
operations of the system and the administration of justice which continues to 
be plagued by human and technological problems, but each day we get better."

Mr Bethel said the government is in the process of securing a location for a 
new court to focus on sexual offences and domestic violence.

"We are looking at a court to address the backlog of cases and old cases that 
have not yet been brought to trial but also to focus on sexual offences and 
domestic violence cases," he said.

"So that requires a criminal court, a court capable of accommodating a judge, 
the registrars and a 12 person jury and possibly a seat for alternates. So with 
that in mind we do have a very broad timeline that we are hoping to have 
something in place by the start of the new year but I need to confirm with the 
Chief Justice with how far along he has gone with that. There are 2 sites we 
are looking at. The 1st one is the eastern lower level court but I don't think 
work has begun on that and it is too small for a criminal court, so we would 
have to do a switch and move a larger courtroom occupied by civil justice over 
if it comes to that. The other site being looked at that is a site the Saffery 
Square building, but it as to be reconfigured."

Although the law allows for capital punishment, the death penalty has not been 
carried out since January 2000. That year, David Mitchell was executed for 
stabbing two German tourists to death.

In 2006, the London-based Privy Council ruled that the Bahamas' mandatory death 
sentence for convicted murderers was unconstitutional.

In 2011, after a ruling from the Privy Council, the Ingraham administration 
amended the death penalty law to specify the "worst of the worst" murders that 
would warrant execution.

Under the amended law, a person who kills a police or defence force officer, 
member of the Departments of Customs or Immigration, judiciary or prison 
services would be eligible for a death sentence. A person would also be 
eligible for death once convicted of murdering someone during a rape, robbery, 
kidnapping or act of terrorism.

(source: tribune242.com)








INDIA:

High Court commutes 'Cyanide' Mohan death sentence to life in prison





The Karnataka High Court on Thursday commuted the death penalty awarded to 
alleged serial killer 'Cyanide' Mohan Kumar to life until death in a murder 
case. Observing that he is a menace to society and threat to women, the court 
sentenced him to life until his death with no remission. The case relates to 
the rape and murder case of one Anita (22) of Kolimane in Bantwal taluk of 
Dakshina Kannada district. While modifying the trial court's order, a division 
bench of Justice Ravi Malimath and Justice John Michael Cunha also directed the 
prison authorities to not release him until his death.

"The circumstances and the cogent evidence calls for simple imprisonment till 
the end of his life. Hence, it is proper, just and appropriate to sentence him 
to imprisonment for life and he shall not be released for rest of his life with 
no scope for remission," the bench said. The court also acquitted him of the 
charges of rape and abduction. "The accused had lured the victim on the pretext 
of marriage. The doctor who conducted the autopsy did not give any opinion on 
whether rape was committed before the murder. Therefore, there is absolutely no 
material to prove the rape and abduction charges," the court said. The court 
also noted that the doctor did not send vicera samples and stomach contents of 
the victim for chemical analysis despite directives from SC. Initially the 
doctor felt that the death was due to organo-phosphorous poison. Later, after 
examining cyanide traces in the finger nails and the condition of the 
victim???s body, he stated that cyanide was also a cause for the death. It is a 
clear case of murder for gain, the court said.

When judges sought his opinion on quantum of punishment, Mohan, who argued the 
case on his own, pleaded for life imprisonment whereas the Additional State 
Public Prosecutor Vijay Kumar Majage pressed for death penalty. Convicting him 
of all other charges, including murder, the court observed: "The school teacher 
opted for voluantary retirement in 2002 to pursue criminal activities. 20 
similiar cases have been lodged against him between 2003 and 2009. Hence, this 
case was treated differently," the bench said while declining to accept the 
trial court's finding that it was among the rarest of rare cases warranting 
death penalty. One of Mohan's victims, who is lucky to be alive, is the prime 
witness in the Anita murder case. Mohan had taken her to Madikeri and the 2 
stayed in a lodge where he raped her.

The next day, he took her to the bus stand and tried the same trick. But the 
woman said he had worn a condom and hence there was no need for her to take 
birth control pills. Then he scared her saying that the condom had torn. She 
went into the toilet but did not take the pills. She tasted it and lost 
consciousness. After she was found, she was hospitalised but did not complain 
to the police fearing her family's reputation. But after Mohan's arrest in the 
case, she deposed against him.

Case history

On June 17, 2009, Mohan Kumar took Anita from Bantwal to Hassan promising to 
marry her. He allegedly raped her in a lodge near the bus stand. The next day, 
he took her to the bus stand and asked her to take a contraceptive pill. Anita 
consumed the pill laced with cyanide and was found dead in a toilet. The IV 
Additional City Civil and Sessions Court of Dakshina Kannada district imposed 
death penalty on him on December 21, 2013.

(source: newindianexpress.com)








IRAN:

17-year-old boy at risk of imminent execution



The Iranian authorities must urgently stop the execution of a 17-year-old boy 
who was convicted of murder and rape, and commute his death sentence to 
imprisonment, said Amnesty International.

Amirhossein Pourjafar is scheduled to be executed in a prison in Tehran on 19 
October 2017. He was detained in April 2016 and sentenced to death 6 months 
later after being convicted of the rape and murder of a 7-year-old girl, 
Setayesh Ghoreyshi, from Iran's marginalized Afghan community.

"There is no question that this was a horrific crime and the perpetrator should 
be held accountable. Amnesty International supports the demands for justice 
voiced by Setayesh's bereaved family and the wider Afghan community in Iran, 
but executing a 17-year-old boy is not justice," said Magdalena Mughrabi, 
Deputy Middle East and North Africa Director at Amnesty International.

"The use of the death penalty against people convicted of crimes committed 
while they were under 18 is absolutely prohibited by international human rights 
law. If Iran goes ahead with the execution next week it will be another 
appalling breach of its international obligations."

In its final verdict the court said that the death sentence against Amirhossein 
Pourjafar was issued after taking into account "societal expectations and 
public opinion".

"The authorities' rush to send a child to the gallows in order to placate 
public anger is short-sighted and misguided. The death penalty is a cruel, 
inhuman and irreversible punishment and there is no evidence that it has a 
greater deterrent effect than imprisonment. Using it as a means to exact 
revenge only compounds its brutal effects on society," said Magdalena Mughrabi.

This execution was scheduled just 2 months after the head of Iran's judiciary, 
Ayatollah Sadeq Larijani, repeated Iran's untruthful claims that it does not 
execute minors.

In reality, Amnesty International has recorded the execution of 85 juvenile 
offenders in Iran between 2005 and 2017, including 4 in 2015, 2 in 2016, and 4 
so far this year. The organization has also identified 92 individuals who are 
currently on death row for crimes committed when they were children.

Amirhossein Pourjafar was sentenced to death in September 2016 after a criminal 
court in Tehran concluded that he had attained "mental maturity" at the time of 
the crime and understood the nature and consequences of his actions. In 
reaching its conclusion, the court cited opinions from Iran's state forensic 
institute attesting to his "mental sanity" as well as evidence they say pointed 
to his efforts to conceal the crime.

Outrageously, the court claimed that its reasoning was in line with the UN 
Convention on the Rights of the Child, to which Iran is a state party. However, 
the Convention on the Rights of the Child is unequivocal in its absolute 
prohibition on the use of the death penalty for crimes committed by people 
below 18 years of age.

It is well-established in the principles of juvenile justice that individuals 
under 18 years of age are categorically less mature and culpable, and should 
never, therefore, face the same penalties as adults.

"Instead of resorting to case-by-case 'maturity' assessments, which are by 
their very nature flawed and arbitrary, the Iranian authorities must comply 
with their international obligations toward children and end the use of the 
death penalty against all juvenile offenders immediately," said Magdalena 
Mughrabi.

Background:

In September 2016, Branch 7 of Criminal Court No 1 in Tehran handed Amirhossein 
Pourjafar 2 death sentences, 1 for murder in accordance with the Islamic 
principle of "retribution-in-kind" (qesas) and another for rape. He was also 
sentenced to 74 lashes for mutilating the corpse. The Supreme Court upheld both 
death sentences in January 2017.

Amnesty International opposes the death penalty in all cases without exception 
regardless of the nature of the crime, the characteristics of the offender, or 
the method used by the state to kill the prisoner. The death penalty is a 
violation of the right to life and the ultimate cruel, inhuman and degrading 
punishment.

(source: Amnesty International)