[Deathpenalty] death penalty news----worldwide

Rick Halperin rhalperi at smu.edu
Thu Feb 15 09:39:27 CST 2018




Feb. 15




EQUATORIAL GUINEA:

147 activists face death penalty in E Guinea: lawyer



Equatorial Guinea's public prosecutor is seeking the death penalty in the trial 
of 147 opposition activists accused of "rebellion," their lawyer said on 
Wednesday.

The activists, including senior officials of the main opposition party, the 
Citizens for Innovation (CI), were arrested following elections in November.

"The prosecutor is requesting the death penalty against all the opponents," 
said lawyer Fabian Nsue.

Earlier this month, the European Union condemned what it described as "a sharp 
decline" in human rights in Equatorial Guinea following the election and said 
trials should be fair and in line with international norms.

President Teodoro Obiang Nguema, who seized power in the oil-rich former 
Spanish colony in 1979, has repeatedly been accused of brutal repression as 
well as electoral fraud and corruption.

The defendants are being tried at the High Court in the president's home town 
of Mongomo on charges of "rebellion, attacks against authority, public disorder 
and serious injury and damage," according to Nsue.

Diplomatic sources confirmed the trial was taking place but authorities did not 
respond to an AFP request for comment.

The CI said about 30 defendants could not stand up at the trial on Tuesday 
because they had been "tortured" while in detention at police headquarters in 
the capital Malabo, nicknamed "Guantanamo".

The prosecutor "wants to hide or to silence the atrocities and the brutality of 
the crimes of torture... we shall go to the international courts and the ICC 
(International Criminal Court) for crimes against humanity," said CI in a 
statement.

The CI warned that if nothing is done to help the 147 on trial then "all of 
them will die like Santiago Ebee Ela".

Ela, a 41-year-old activist, died last month in Malabo's police headquarters 
after being tortured, the party says.

Nguema has said his death was not due to ill-treatment and promised an 
investigation. The EU has also called for an inquiry.

The ruling Democratic Party of Equatorial Guinea maintained its grip on power 
in last November's vote, which was widely criticised by the opposition as 
fraudulent.

The ruling party won 99 of the parliament's 100 seats, while CI won the 
remaining seat.

On January 3, Malabo announced that security forces had foiled an attempted 
coup on December 24, after the arrest of about 30 foreign armed men just inside 
Cameroon at the junction with Gabonese and Equatorial Guinean territory.

In the mid-1990s, Equatorial Guinea became one of sub-Saharan Africa's biggest 
oil producers. But little of the wealth has trickled down - about 2/3 of its 
1.2 million people live below the poverty line.

In 2015, Nguema announced a referendum would be held on the death penalty but 
the vote has never taken place.

(source: news24.com)








YEMEN:

Huthi court sentences 3 to death after enforced disappearance and alleged 
torture



A woman and 2 men were forcibly disappeared, ill-treated and given a patently 
unfair trial before being sentenced to death by a court in the Huthi-controlled 
Yemeni capital Sana'a for allegedly aiding an enemy country, Amnesty 
International's research has found.

The organization said the case was the latest example of the Huthis using the 
judiciary to settle political scores amid the ongoing armed conflict with the 
Saudi Arabia-led coalition supporting the UN-recognized government of Yemen.

On 30 January, the Huthi-aligned Specialized Criminal Court (SCC) in Sana'a, 
which handles 'terrorism' and 'state security' cases, sentenced Asmaa 
al-Omeissy, Saeed al-Ruwaished, and Ahmed Bawazeer to death. A 4th defendant, 
Asmaa's father Matir al-Omeissy, was handed a 15-year prison sentence after 
being convicted of an 'indecent act' charge related to the case.

"As Yemen's armed conflict rages on, the grossly unfair trial of Asmaa 
al-Omeissy and the 3 other defendants is part of a wider pattern of the Huthis 
using the judiciary to settle political scores," said Rawya Rageh, Amnesty 
International's Senior Crisis Advisor.

"The trial followed a catalogue of grave violations and crimes under 
international law, some of which may also amount to war crimes.

"The defendants initially were subjected to enforced disappearance, cut off 
from the outside world, and secretly moved from one facility to the other. They 
were held in squalor in pre-trial detention for months, extorted for money, 
subjected to continuous humiliation and extreme physical abuse, and denied 
basic rights including legal counsel and family visits."

'A psychological war' and a 'hidden prison'

3 of the defendants had been visiting from the southern part of the country 
when they were arrested at a checkpoint in Sana'a in October 2016. Things took 
a turn for the worse after authorities started interrogating them over 
accusations that Asmaa al-Omeissy's husband is linked to al-Qa'ida.

2 of the defendants, speaking from areas of Yemen outside Huthi control, told 
Amnesty International they were subjected to torture and other ill-treatment at 
all the facilities where they were held since their arrest, including while in 
the custody of the Criminal Investigations Department (CID). They were denied 
contact with anyone for a period ranging between 2 and 3 months.

Matir al-Omeissy likened the interrogation process to "a psychological war" 
where police "were accusing us of all sorts of things, of being a terrorist 
group and a sleeper cell in the capital Sana'a."

The 3 men were kept at part of the CID known as al-Makhfi, or 'the hidden 
prison,' for nearly 8 months. Asmaa al-Omeissy was held there for 2 months 
before she was moved to the Central Prison.

Family members who went looking for 1 of the detainees at several prisons, 
including the CID, were told he was not there. The family of another detainee, 
deprived of any news about him for 3 months, held a wake for him, believing he 
had died.

'Only God knows the torment we were subjected to'

Asmaa al-Omeissy's 50-year-old father Matir, who was in detention with her at 
the CID, told Amnesty International how they were tortured: "They would bring 
the other 2 [Saeed al-Ruwaished and Ahmed Bawazeer] to our room blindfolded and 
handcuffed and beat them in front of us, making us watch. They would beat them, 
asking them to confess as they kept denying any wrongdoing. We [Asmaa and Matir 
al-Omeissy] would remain silent in fear of being shot. ... Only God knows the 
torment we were subjected to."

Saeed al-Ruwaished, 34, said: "They wouldn't let us sleep, they would keep on 
beating us. ... They would interrogate me from three in the afternoon until 4 
or 5 in the afternoon the following day. This would go on for several days in a 
row. Every interrogation involved torture and beating. They would ask 'Are you 
with the Arab coalition? Are you recruiting fighters for the coalition? Are you 
part of an espionage network?'"

Saeed al-Ruwaished described to Amnesty International how he and Ahmed Bawazeer 
were chained by their wrists and were hung from the ceiling for hours at a 
time, sometimes overnight. They were kicked and punched, including in their 
genitals, hit with shoes, threatened with rape, and verbally abused. Amnesty 
International viewed medical records confirming at least 1 of the acute 
injuries resulting from the beatings.

Asmaa al-Omeissy was also subjected to beatings, including being punched and 
beaten with a cane by a policewoman, her father told Amnesty International.

When the defendants' families were allowed to contact them, they were requested 
to send money to cover their prison expenses, including food. However, Huthi 
prison guards and middle-men repeatedly extorted the detainees, pocketing half 
of the money sent by their families. Family members were prevented from 
bringing items such as blankets and clothes. 1 defendant remained in the same 
underwear for 8 months.

Ahmed Bawazeer fell seriously ill with liver disease, despite being healthy and 
fit before his arrest. After 8 months, his family finally got up the courage to 
travel from the south to visit him, and forked out a small fortune for his 
treatment and medication, including even having to pay for the car that took 
him to the hospital, where he received medical care flanked by up to 6 guards.

Ahmed Bawazeer and Matir al-Omeissy, who also fell ill in detention, were 
ultimately released on bail in June 2017 on medical grounds. Saeed al-Ruwaished 
paid a large amount of money in bail to secure his release the same month and 
all 3 men subsequently travelled to areas of Yemen outside Huthi control.

The 30 January verdict against the 3 men was handed down in absentia. Asmaa 
al-Omeissy, who remains in custody, was the only defendant present at the 
court. The 22-year-old mother of 2 also faces a separate sentence of 100 lashes 
on an "indecent act" charge for travelling in a car with the male defendants, 
her father's 15-year sentence is for allegedly facilitating that.

A lawyer has filed an appeal request on Asmaa al-Omeissy's behalf.

"It is not the 1st time that Yemen's Specialized Criminal Court, which falls 
short of necessary guarantees of independence and due process, has handed out 
death sentences after grossly unfair trials. We consistently oppose the death 
penalty in all circumstances as an inherently cruel punishment," said Rawya 
Rageh.

"Sentencing anyone to death after such deeply flawed proceedings is a clear 
violation of international law. These sentences must be quashed without delay."

Activists and family members are concerned about Asmaa al-Omeissy's conditions 
in jail. The Geneva-based SAM Organization for Rights and Liberties has 
reported that hundreds of female detainees in Huthi prisons are subjected to 
torture and humiliation, including forced labour.

Background

Yemeni activists and lawyers say they believe this is the 1st death sentence 
against a woman in a 'state security' case. The charges include "aiding a 
foreign country in a state of war with Yemen," a reference to the United Arab 
Emirates, part of the Saudi Arabia-led coalition involved in the conflict.

Amnesty International interviewed 2 of the defendants, as well as lawyers and 
human rights advocates following the case. The organization also reviewed 
prosecution documents and medical records.

In January, Hamid Haydara, who belongs to Yemen's Baha'i minority community, 
was sentenced to death by the SCC in Sana'a following a grossly unfair trial. 
He is a prisoner of conscience who has been tried on account of his 
conscientiously held beliefs and peaceful activities as a member of the Baha'i 
community.

The Huthi armed group has controlled large parts of Yemen since late 2014. In 
conjunction with forces loyal to the late, ousted President Ali Abdullah Saleh 
and state security and intelligence agencies, the group has carried out 
arbitrary arrests and detentions of its opponents, as well as enforced 
disappearances, torture and other ill-treatment of detainees. The Huthis' 
clampdown intensified after the start of the Saudi Arabia-led coalition's 
aerial bombardment campaign in March 2015.

As the de facto government in control of the capital city and other parts of 
the country and its institutions, the Huthis should respect the human rights of 
individuals under their power. All parties to a conflict, including non-state 
armed groups, must observe the rules of international humanitarian law.

(source: Amnesty International)

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

Yemen mother awaits death penalty in Huthi-held capital



A Yemeni mother in Huthi rebel custody is waiting to be put to death over 
allegations she spied for the United Arab Emirates, rights group Amnesty 
International said on Thursday.

A court in rebel-held capital Sanaa handed down the death penalty to 
22-year-old Asmaa al-Omeissy and two men on charges of "aiding an enemy 
country" after their enforced disappearance and months of torture, Amnesty 
said.

Yemeni activists and lawyers say they believe this is the 1st time a woman has 
been sentenced to death in a "state security" case, according to Amnesty.

The rebel-run Saba News Agency said the Specialised Criminal Court sentenced 
Omeissy, Saeed al-Ruwaished and Ahmed Bawazeer to death on January 30.

They were found guilty of "communication and aiding the Arab alliance, which 
resulted in facilitating the targeting and seizure of strategic sites in 
Yemen".

They were also found guilty of "establishing an espionage network and 
recruiting agents to work on behalf of the United Arab Emirates", Saba said.

Omeissy's 50-year-old father Matir received a 15-year prison sentence for an 
"indecent act" -- allowing his daughter to be in the same car as the male 
defendants.

Asmaa, who has 2 children, is the only 1 of the 3 still in custody.

The men were able to pay bail and flee to parts of Yemen not controlled by the 
rebels, Amnesty said, accusing the Huthis of engaging in "extortion".

The UAE, for which the defendants are accused of spying, is a pillar of the 
Arab-led military coalition that intervened in Yemen in 2015 with the aim of 
rolling back rebel gains and restoring the ousted government.

But the Iran-backed Huthis have consolidated their control of Sanaa in recent 
months, gunning down one-time ally Ali Abdullah Saleh and cracking down on 
opponents.

Journalists and activists have previously been sentenced to death by Huthi-run 
courts on charges of spying for coalition leader Saudi Arabia.

Amnesty said the latest sentencing was "part of a wider pattern of the Huthis 
using the judiciary to settle political scores".

It said the defendants were subjected to "enforced disappearance, cut off from 
the outside world, and secretly moved from one facility to the other.

"They were held in squalor in pre-trial detention for months, extorted for 
money, subjected to continuous humiliation and extreme physical abuse, and 
denied basic rights including legal counsel and family visits."

Amnesty has called for the sentences to be "quashed without delay".

More than 9,200 people have been killed since the Arab alliance intervened in 
Yemen, triggering what the United Nations has called the world's largest 
humanitarian crisis.

(source: Daily Mail)



IRAN----executions

Execution of at Least 6 Prisoners in Karaj



Wednesday morning, Feb. 14, 2018, at least 6 prisoners were executed in 
Gohardasht Prison in Karaj.

The names of 2 of them are Farnam Farinam and Morteza Shafaghi. 1 of the 
executed was an Afghan citizen.

3 prisoners who were taken to solitary confinement for execution were again 
temporarily returned to their cells after being tortured and witness the 
execution. The names of the returnees are as follows:

Saeed Ranjbar, Mohammad Omrani, Mohammad Saleh Dolatabadi.

It is noteworthy that all returnees were also collectively placed on the 
execution platform with hanging ropes around their necks waiting for the 
consent of the families, so they remove the rings from their necks if they 
want.

The 3 prisoners came back to the prison with their faint color and disturbed 
from the scene of death, not even able to speak. The anti-human clerical 
regime, with its inhumane laws and its dirty tricks intend to blame 
responsibility on other victims.

(source: NCR-Iran)

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

A Prisoner Executed in Zanjan----The prisoner, identified as Majid Keykavusi 
from Marand, was sentenced to death on murder charges.



A prisoner was hanged at Zanjan Central Prison on murder charges.

According to a close source, on the morning of Tuesday, February 13, a prisoner 
was hanged at Zanjan Central Prison. The prisoner, identified as Majid 
Keykavusi from Marand, was sentenced to death on murder charges.

An anonymous source told Iran Human Rights, "In 2012, Majid Keykavusi got into 
a fight with someone who owed him 9 million Tomans and he accidentally kills 
the debtor."

The prisoner was transferred to Zanjan Central Prison 20 days ago to be 
executed.

The execution of this prisoner has not been announced by the state-run media so 
far.

According to Iran Human Rights annual report on the death penalty, 142 of the 
530 execution sentences in 2016 were implemented due to murder charges.

There is a lack of any classification of murder by degree in Iran which results 
in issuing a death sentence for all types of the murder, regardless of 
intensity and intent.

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

Karim Zargar, the Head of a Spiritual Institution, Was Hanged



Karim Zargar, the former general manager of IRIB's international section, Iran 
TV's channel one broadcast manager, head of the Faculty of Radio and 
Television, and owner and managing director of Film Reports magazine 
(Gozaresh-e-Film), was hanged at Rajai Shahr Prison.

According to a report by Rokna, a man who has established a "fake spiritual 
institution" was executed. The report does not mention the name of the 
defendant or the date of execution. However, evidence suggests that the 
defendant was Karim Zargar who had been arrested along with his wife, Marjan 
Davari, in October 2015. Both of the defendants had been sentenced to death on 
the charge of Moharebeh by hardliner Judge Salavati at branch 15 of the 
Revolutionary Court.

Karim Zargar's lawyer, Vahid Moshkani Farahani, confirmed the execution of his 
client at Rajai Shahr Prison and told Iran Human Rights (IHR), "I wasn't 
informed of the execution, even though, the law emphasizes the presence of the 
lawyer at the time of the execution."

Aside from his Moharebeh sentence, Karim Zargar was also sentenced to death on 
the charge of rape by branch 6 of the Criminal Court of Tehran, but according 
to his lawyer, the execution was carried out for his Moharebe charge.

According to a report by HRANA, Karim Zargar was executed on Tuesday, January 
30. However, most executions at Rajai Shahr Prison are carried out on 
Wednesdays.

Well-informed sources told Iran Human Rights (IHR) that the Supreme Court has 
rejected Marjan Davari's execution sentence and has sent her case to a parallel 
court for review.

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

Prisoner Saved From Execution By A Sunni Cleric's Mediation



A Shia prisoner from Tehran who on the death row, was saved from execution by 
the mediation of Molana Gorgij, the Sunni Imam of Friday prayers in Azad Shahr.

According to the office of Molana Gorgij, the Imam saved a young man, named 
Seyyed Hasan Hosseinipour, from the execution. The efforts which finally saved 
the man's life had been started 3 years ago.

The young man is the 2nd-row defendant. He committed an armed bank robbery with 
the help of another person in 2005 during which a Turkmen soldier named 
Mohammad Tatar was killed.

It should be noted that in a meeting held at Molana Gorgij's home where the 
representatives of both parties were present, the late soldier's 
representative, who was the victim's brother, said that the reason for their 
forgiveness was God's satisfaction and Molana Gorgij's intervention.

Therefore, the number of the death-row prisoners who have been saved from death 
by Molana Gorgij has risen to 41.

According to a close source, Seyyed Hasan Hosseinipour is currently held at 
Rajai Shahr Prison waiting for his trial and official verdict.

(source for all: Iran Human Rights)








UNITED ARAB EMIRATES:

Australian held on spying charge in United Arab Emirates could face firing 
squad, family fears



The family of a Sydney man accused of spying in the United Arab Emirates fears 
he may have been tortured in prison and could soon face the death penalty.

Relatives of Naim Aziz Abbas have made an emotional plea to be able to see the 
63-year-old who was arrested in Dubai in October 2017, after being questioned 
by an intelligence officer during a series of meetings in a coffee shop.

"I ask you Australia, please help my brother", a tearful Adil Aziz Abbas told 
the ABC from his Sydney home.

"The case is fabricated and he's being accused of espionage for Qatar against 
Dubai, and this is ridiculous."

Iraqi-born Naim Aziz Abbas, who is an Australian citizen, moved to Dubai in 
2009 to work for the UAE Roads and Transport Authority.

According to a Department of Foreign Affairs report seen by the ABC, an 
Australian diplomat met with the UAE's State Security Prosecutor on February 8 
to discuss the case and to seek consular access to Mr Abbas.

The DFAT report said the prosecutor confirmed Mr Abbas's mobile phone was, 
"currently undergoing forensic testing and the investigators were still 
speaking to witnesses".

Adil Abbas insisted his older brother was innocent and was being made a 
"scapegoat" because of his friendships with people from Qatar, Oman and Kuwait.

"He's a law-abiding Australian citizen, he has a very kind heart, he never 
broke the law and he never caused harm to anyone," he said.

Worried for his health

Mr Abbas said his sibling is a diabetic who requires constant medication and 
care, and he fears Naim has been tortured while in detention.

"The Emirates told the [Australian] embassy he's in good health but I doubt 
that, he's a diabetic," Mr Abbas said.

In the UAE, multiple crimes including espionage are punishable by death, 
usually by firing squad.

DFAT has confirmed its officials are trying to get access to Naim Abbas in 
prison, but have not yet been successful.

A DFAT spokesperson said it was, "providing consular assistance to the family 
of an Australian man detained in the United Arab Emirates".

"As per the consular charter, we are seeking permission to visit the man in 
detention," the spokesman added.

(source: abc.net.au)








EGYPT:

Jailed presidential hopeful Sami Anan 'could face death penalty' for possession 
of military documents



A legal expert has claimed that Sami Anan could face the death penalty for 
possessing military documents he threatened to use as blackmail, which 
allegedly contain information implicating Egyptian leaders.

A leading professor of international law said that imprisoned Egyptian 
presidential hopeful Sami Anan could face the death penalty, after his aide 
threatened to divulge military secrets from documents Anan was in possession 
of, should he be mistreated in detention.

Ayman Salameh told TV channel MBC Egypt during an interview on Tuesday evening 
that if Hisham Geneina's claims are true, the fact that Anan was in possession 
of such documents without army authorisation, even if he did not show them to 
any foreign agents, could warrant the death penalty.

Geneina was arrested by the Egyptian authorities in his Cairo home on Tuesday, 
after announcing the damning material, purported to implicate current Egyptian 
leaders in crimes committed by the military regime since the January 25 
revolution, was being held in a "secure" place abroad, and could be released if 
any harm came to Anan.

"[Anan] has documents and evidence regarding all the major events in the 
country... they of course would change the course and condemn many," he said.

The documents Anan is claimed to have possessed "revolve around political 
events and crises Egyptian society has passed through" since the January 2011 
uprising, Geneina said.

The Egyptian army announced on Monday it was investigating Anan and Geneina 
over their claims of being in possession of such documents. Anan, who was 
originally detained after announcing his bid for the Egyptian presidency, is 
currently being held at a military prison in Hikestep and has been subject to 4 
hearings, military sources told The New Arab, adding that he had recently been 
transferred to solidarity confinement.

(source: alaraby.co.uk)


INDONESIA:

Radical Indonesian Islamic cleric indicted for Jakarta bombing, faces death 
penalty----The prosecutor told the court that Aman Abdurrahman had pledged 
allegiance to Isis.



A radical Indonesian Islamic cleric faces the death penalty as a court indicted 
him for allegedly masterminding the Jakarta bombing in 2016 which killed 4 
people. Aman Abdurrahman's trial began on Thursday, 15 February, after he was 
formally charged with terrorism-related offences.

A series of attacks took place in Indonesia in 2016 including a coordinated gun 
and suicide bomb assault. 4 militants died in the attack as they were either 
shot or detonated themselves. This was the 1st major terror attack in 
Muslim-majority Indonesia since the 2009 twin bombings.

Prosecutor Anita Dewayani told the court that Aman, 46, had pledged allegiance 
to the Islamic State (Isis) in 2014 and revealed there were also several terror 
plots. According to the indictment document, Aman "deliberately used violence 
or threats to create terror among the general public and caused mass casualties 
[...] or caused damage".

She told the court that Aman had frequently preached that democracy is 
anti-Islamic and as sinful as idolatry in Islam urging his Muslim followers to 
"rectify" the system. Dewayani read out the names of those who were killed in 
the January 2016 attack in the Indonesian capital. The Jakarta bombing was the 
1st-ever attack carried out by the Isis in Southeast Asia.

Dressed in orange clothes, Aman arrived in the court handcuffed and he showed 
little emotion during the proceedings. He refused to hire a lawyer forcing the 
court to appoint one. Cell phone records showed that Aman was in close contact 
with the Jakarta attackers.

"The defendant incited others to commit various terror acts," Dewayani told 
reporters following the courtroom proceedings. The next hearing is scheduled to 
take place on 23 February and Aman faces the death penalty if convicted. 
Indonesia has been struggling to handle rising Islamic radicalism in the last 
decade, which has witnessed terror attacks and plots by extremists.

(source: ibtimes.co.uk)

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

Life-sentenced prisoner gets death penalty for controlling drug trade



Judges at Medan District Court in North Sumatra handed down on Wednesday the 
death penalty to Udo Tohar for controlling the distribution of drugs from 
behind bars at Tanjung Gusta Penitentiary in Medan.

The death sentence imposed on Tohar was in line with the sentence demand by the 
team from the North Sumatra Prosecutor's Office.

Presiding Judge S. Batubara said in his ruling that Tohar had been proven to 
have directed the distribution of 17 kilograms of narcotics from inside the 
prison.

He further said the convicted had violated Article 114 (2) of Law No.35/2009 on 
narcotics.

"We sentence defendant Udo Tohar to death," said Batubara in his ruling. He 
said there was no aspect that could mitigate the sentence for the defendant. 
One factor that had made his sentence heavier was the fact that he did not 
support the government???s program to eradicate drug crimes. His crime had the 
potential to destroy the future of Indonesia's younger generations.

Prosecutor Sindu Hutomo said the prosecution team accepted the ruling while 
Tohar said he would consider appealing it.

Tohar, of Tanjung Balai, North Sumatra, was arrested after National Narcotics 
Agency (BNN) officials arrested his 3 accomplices, namely Dedi Guntari 
Panjaitan, Sofyan Dalimunthe and Saiful Amri. They were arrested for possessing 
17,445 grams of crystal methamphetamine during an operation on Jl. Dr.Mansyur, 
Medan, on Dec. 18, 2015.

(source: Jakarta Post)








CHINA:

Urgent Action Update: Death Sentence of Veteran Activist Upheld (China: UA 
3.17)



Xu Youchen is facing imminent execution after the Henan Provincial Higher 
People's Court rejected his appeal and upheld his conviction and death 
sentence. The Supreme People's Court will review the case and if it approves 
the lower court's decision he will be executed. In his appeal, Xu Youchen has 
testified to being tortured to "confess" to the crime.

Xu Youchen is facing imminent execution after the Henan Provincial Higher 
People's Court rejected his appeal and upheld his conviction and death 
sentence. The Supreme People's Court will review the case and if it approves 
the lower court's decision he will be executed. In his appeal, Xu Youchen has 
testified to being tortured to "confess" to the crime.

TAKE ACTION

Write a letter, send an email, call, fax or tweet:

Immediately halt plans to carry out Xu Youchen's execution;

Grant Xu Youchen a retrial in proceedings that fully comply with international 
standards for a fair trial and without recourse to the death penalty and ensure 
that Xu Youchen is not subjected to torture or other ill-treatment;

Immediately establish a moratorium on all executions with a view to abolishing 
the death penalty, in line with 6 UN General Assembly resolution adopted since 
2007, and commute all existing death sentences.

Contact these 2 officials by 28 March, 2018:

Secretary of the Central Politics and Legal Affairs Commission of the Communist 
Party of China

Guo Shengkun Shuji

Zhonggong Zhongyang Zhengfawei

14 Dengshikou Xijie, Dongcheng Qu

Beijing Shi 100006

People's Republic of China

Salutation: Dear Secretary



Ambassador Tiankai Cui, Embassy of the People's Republic of China

3505 International Place NW

Washington DC 20008

Fax: 1 202 495 2138 -- Phone: 1 202 495 2000

Email: chinaembpress_us at mfa.gov.cn

(If you receive an error message, please try calling instead!)

Salutation: Dear Ambassador

(source: Amnesty International)

PAKISTAN:

Acquittal of 26 men in Mashal's murder case challenged in PHC



Anti-Terrorism Court's (ATC) decision to exonerate 26 suspects in the Mashal 
Khan lynching case has been challenged in Peshawar High Court (PHC) on 
Wednesday, urging the court to set aside the judgment and award capital 
punishment to all the accused as Mashal's murder at the university campus was 
their common intention.

"Take them into custody," Aimal Iqbal Khan, brother of late Mashal Khan 
appealed the PHC "Their acquittal will not only encourage all of the 26 accused 
but will also convey wrong impression of the society as the crime, they have 
committed is not only heinous and brutal in nature but also against the 
humanity and norms Islam."

The case has been filed through legal panel comprising of Barrister Amirullah 
Khan, Shahab Khattak, Fazal Khan and Muhammad Ayaz. They asked the court to 
punish the accused in accordance to the charges leveled against them.

Lawyers told in appeal that besides the sufficient evidences available with the 
prosecution but they were not appreciated. "The trial court has miserably 
failed to appreciate the ocular and circumstantial evidences provided," said 
the appeal submitted to the court.

They added that after their acquittal by the ATC judge, the accused were warmly 
welcomed by public gathered at Rashakai interchange, where the accused once 
again admitted charges against them and announced that they will also commit 
such crimes in future and challenged the writ of state.

In appeal to the court, the lawyers said that all the evidence including the 
photographs and videos that are also exhibited during the trial have been 
accepted for the conviction of the accused and the judge also rely on the same 
evidences while convicting other accused but 26 were released despite the fact 
that they were also the part of the same illegal mob that lynched Mashal Khan.

"The trial court has admitted it in the judgment that prosecution has proved 
charges levelled against accused facing trail without any Shadow of doubt but 
no logical reasons were given by the court while acquitting the 26 accused in 
the case."

There are sufficient ocular and medical evidences to connect the acquitted 
accused for the charges leveled against them. Hence, the judgment is liable to 
be set aside and all of them shall be awarded capital punishment and take them 
into custody.

"The charges have also been proved against acquitted accused, during the 
trial," claimed the petitioners in their petition. "Criminal conspiracy has 
been proved beyond shadow of any reasonable doubt, as such an acquittal under 
section 120-B is unwarranted both in law and facts."

They added that it is also against the principle of Qisas and such offences 
must be restricted by capital punishment to set example for future, therefore a 
law cannot be allowed to take a lenient view.

Common intention

"There was a common intention for which the illegal mob has gathered at the 
campus and that was kill Mashal," said Advocate Muhammad Ayaz Khan. "It was 
pre-planned conspiracy of murder of Mashal and finally they had achieved their 
purpose and thus all those involved in the mob, deserve the capital 
punishment."

Khan added that all the accused, acquitted by the ATC judge can be seen in the 
videos each one with a role in murder and so they cannot be let free. "Hence, 
the judgment of the ATC is not sustainable in the eyes of law and liable to be 
set aside."

Aimal Iqbal Khan, brother of Mashal Khan said while talking to media outside 
the court that that people of such mindset shouldn't be allowed free in 
society, otherwise other Mashals' lives will be in danger.

Aimal said that a separate case should be registered against them as after 
their release, they openly challenged the writ of state.

(source: The Express Tribune)


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