[Deathpenalty] death penalty news----worldwide

Rick Halperin rhalperi at smu.edu
Thu Mar 1 08:46:49 CST 2018





March 1




UNITED KINGDOM/USA:

Britain Presses U.S. to Avoid Death Penalty for ISIS Suspects



The British government wants the Trump administration to provide assurances 
that American prosecutors will not seek the death penalty against 2 British 
Islamic State suspects who were recently captured in Syria - and is threatening 
to withhold important evidence about them as leverage, according to officials 
familiar with the deliberations.

The British are also insisting that the United States promise to prosecute the 
2 men in a civilian court, rather than taking them to the Guantanamo Bay 
wartime prison, the officials said.

The 2 men, Alexanda Kotey and El Shafee Elsheikh, are believed to be half of a 
cell of 4 British jihadists called the Beatles, who played a central role in 
torturing and killing Western hostages, including several Americans.

Mr. Kotey and Mr. Elsheikh were the last members of the group still at large 
until their recent capture in Syria by a Kurdish militia, which is holding 
them. Recently, the British defense secretary, Gavin Williamson, said his 
government did not want to take back the 2 men, who have been stripped of 
British citizenship, so the United States is expected to eventually take 
custody of them.

But the Trump administration is holding off on doing so until it figures out 
how it will handle them, according to several American officials. While the 
American military has interrogated Mr. Kotey and Mr. Elsheikh for intelligence 
purposes, it has not yet read them Miranda warnings and re-interviewed them in 
hopes of eliciting confessions that could be used as courtroom evidence.

Because the captors wore masks around hostages, some of whom survived, some 
courtroom evidence may consist of witnesses identifying at least one of the men 
by his voice, according to a former hostage and other people familiar with the 
F.B.I.'s long-running investigation. The British government has other 
information about the men's backgrounds, associations, radicalization, 
movements and activities that could significantly strengthen that case.

An official at the British Embassy in Washington declined to specifically 
address questions about Mr. Kotey and Mr. Elsheikh and whether London was 
seeking restrictions in the case, but said that the British government was 
working closely with the United States to ensure that justice is served.

"Where there is evidence that crimes have been committed, foreign fighters 
should be brought to justice in accordance with due legal process, regardless 
of their nationality," the official said. "We continue to work extremely 
closely with the U.S. government on this issue, sharing our views, as we do on 
a range of national security issues and in the context of our joint 
determination to tackle international terrorism and combat violent extremism."

A Justice Department spokesman declined to comment.

Britain has abolished the death penalty and, like many European countries, does 
not like the American policy of holding people indefinitely at Guantanamo. Its 
government negotiated with the Bush administration for the return of its 
citizens who had been taken there in the first few years of the prison 
operation.

President Trump recently issued an executive order to keep the Guantanamo 
prison open, although his administration so far has taken no new detainees 
there. Senator Lindsey Graham, a South Carolina Republican who is a proponent 
of using wartime detention for terrorism cases, has been pushing the 
administration to take Mr. Kotey and Mr. Elsheikh to Guantanamo.

But Defense Secretary Jim Mattis, whom Mr. Trump has tasked with leading a 
policy review about what to do with newly captured terrorism suspects, does not 
want the military to take on the headache of holding the men in long-term 
detention and prosecuting them in the troubled military commissions system, the 
officials said.

Mr. Mattis's reluctance, coupled with the British demands, means bringing Mr. 
Kotey and Mr. Elsheikh to American soil for civilian court prosecution is seen 
as far more likely. The Justice Department is now trying to decide whether the 
Southern District of New York or the Eastern District of Virginia would handle 
the prosecution, the officials said.

Some prosecutors and F.B.I. agents in New York have argued that they should get 
the case because their area of operations includes Western Europe, and the 
suspects are Londoners. But their counterparts in Virginia and the F.B.I.'s 
Washington Field Office have already been handling most of the casework related 
to the killings of American hostages in Syria, according to an official 
familiar with the deliberations.

In February 2016, for example, federal prosecutors in Virginia charged the wife 
of an Islamic State leader in the death of Kayla Mueller, an American, although 
the United States military transferred her to the Iraqi justice system.

Ms. Mueller was kidnapped in August 2013 and is believed to have been sexually 
abused by a leader of the Islamic State, which later said she died in an 
airstrike in early 2015. The British-accented captors tortured prisoners under 
their control, according to former hostages; Mr. Kotey is suspected of being a 
particularly brutal one whom the prisoners called George.

The parents of 4 Americans who were kidnapped by the Islamic State and abused 
in various ways before their killing - Ms. Mueller and 3 men who were beheaded, 
James Foley, Steven Sotloff and Peter Kassig - recently wrote an Op-Ed in The 
New York Times calling on the United States government to prosecute the 
suspects in civilian court and not to seek the death penalty.

"We want the world to know that we agree with the longstanding British 
government position that it would be a mistake to send killers like these to 
the military prison at Guantanamo Bay, or to seek the death penalty in court," 
they wrote.

"Either path would make them martyrs in the eyes of their fanatic, misled 
comrades in arms - the worst outcome," they added. "Instead, they should be 
tried in our fair and open legal system, or in a court of international 
justice, and then spend the rest of their lives in prison."

(source: New York Times)








ASIA:

We want to reduce executions in South East Asia - UN high-level human rights 
rep



Half of the 32 countries and territories in the world where drug crime can 
result in the death penalty are in South East Asia, today said UN assistant 
secretary-general for human rights Andrew Gilmour.

Why does the region have such harsh sentencing policies for drug offences but a 
continued increase in drug-related offences, Gilmour asked a group of prominent 
legal specialists, academics and human rights defenders from Indonesia, 
Malaysia, Philippines, Singapore, Thailand, Viet Nam and Hong Kong, as well as 
UN human rights and drug experts.

"We want to do a better job at reaching retentionist states in the region, 
respectfully discussing with them death penalty practices in light of their 
obligations under international human rights law," he said.

"We would like to achieve full abolition of the death penalty, we take that as 
a given, but the immediate end now is to find ways to engage with governments 
to reduce the number of executions, and to reduce the intense suffering for 
those convicted and their families when it comes to death row," the UN 
assistant secretary-general said.

Gilmour asked for recommendations on how to strengthen the UN's work in and 
with retentionist states "to ensure that public debate on drug offences and the 
death penalty can be meaningfully informed by the actual evidence".

During the discussion, the experts examined drug trafficking trends, national 
policies, public perceptions, and human rights challenges in the fight against 
drug trafficking and drug-related crime in South East Asia.

(source: Aliran.com)








JAPAN:

Prosecutors seek death penalty for man accused of killing 3 at Kawasaki nursing 
home



Prosecutors on Thursday said they are seeking the death penalty for a man 
charged with murdering 3 elderly residents at a Kawasaki nursing home in 2014 
by throwing them from balconies.

As the trial wrapped up at the Yokohama District Court, the prosecutors said 
that Hayato Imai, 25, had committed "cruel and despicable" crimes at the 
facility where he worked and that he is "undoubtedly the perpetrator" since he 
has made "highly credible confessions to police officers."

Imai, who worked as a care worker at the facility, maintained his innocence, 
telling the court, "I regret that I made false confessions after succumbing to 
police pressure."

"Please believe me," Imai added.

The focal point of the trial was the credibility of confessions Imai made 
during police interrogations around the time of his arrest in 2016, in which he 
admitted to killing the 3 residents. But since that time Imai has consistently 
said he was innocent and has pleaded not guilty, arguing that he was forced to 
make false statements.

The court is scheduled to hand down a ruling on March 22.

During his 1st court hearing on Jan. 23, Imai said, "I have done nothing in any 
of the cases."

His defense counsel said there is a lack of decisive evidence and that even if 
he had killed the residents he was mentally incompetent at the time of the 
incident.

Prosecutors have said that all 3 victims fell from balconies at the nursing 
home in Kanagawa Prefecture when Imai was working night shifts, and that his 
confessions were "detailed and convincing." They pointed out that Imai was the 
only member of staff whose shifts coincided with all 3 deaths. They also said 
there were no problems with his mental state.

According to the indictment, Imai threw Tamio Ushizawa, 87, from a balcony in 
November 2014, and did the same the following month to Chieko Nakagawa, 86, and 
Nobuko Asami, 96.

Imai was the 1st person to report to his superiors that Ushizawa fell to his 
death from a balcony. He was also the first to notify the nursing home and 
local fire department about Asami.

In video footage of the initial interrogations, which was partly disclosed 
during a hearing last month, Imai admitted to killing the 3, saying he 
committed the crimes because he felt taking care of them was "troublesome." But 
he turned silent on Feb. 18, 2016, three days after his arrest of suspicion of 
murder, the footage also showed.

Questions about the deaths emerged in 2015, after Imai was arrested in May that 
year on suspicion of stealing a purse from the room of a woman in her 70s at 
the facility. He was fired shortly after the arrest.

Local police admitted that they had failed to link the 3 deaths to a possible 
crime and did not properly investigate until after the 3rd resident's fall from 
a 6th-floor balcony on New Year's Eve in 2014.

The balconies at the facility are all guarded by high safety barriers, making 
it unlikely that the 3 victims jumped on their own.

(source: Japan Times)








INDIA:

Kerala High Court confirms death for rape-murder



The High Court on Wednesday confirmed the death penalty awarded to Abdul Nassar 
by the Manjeri Sessions Court in the case connected with the rape and then 
murder of a 9-year-old girl. Upholding the lower court order that the crime is 
one of the 'rarest of the rare' the HC stated that the convict deserved no 
clemency. The incident that shocked the region took place in April 2012. The 
9-year-old girl, a friend and classmate of the daughter of the accused, went to 
residence of Nassar to meet his daughter. The girl then failed to return home 
leading to her family members mounting a search for the missing girl. They also 
approached the police and the body of the girl, a class IV student, was found 
in a bathroom on the residential premise of Nassar.

After the heinous act, the culprit had strangulated the little girl on the 
apprehension that she will speak about the incident. According to the case 
registered by the Nilambur police, the accused then tried to conceal the body 
before the investigation team unraveled the crime. The district and sessions 
judge of Manjeri had awarded capital punishment to then 45-year-old Nassar of 
Nellikkuthu describing the incident as one of the rarest of the rare cases in 
2013. The convicted has approached the HC seeking clemency.

(source: Deccan Chronicle)



IRAN:

Swedish humanitarian doctor faces death penalty after closed trial----Iranian 
authorities arrested humanitarian medicine expert Ahmadreza Djalali during a 
2016 visit to Iran, charged him with spying and sentenced him to death in a 
sham trial. His family has not given up hope.



10 days ago, Vida Mehrannia was relieved when she heard that her husband, Dr. 
Ahmadreza Djalali, had received Swedish citizenship. It gives her hope for a 
resolution to the family's nightmare: "I was so happy, because I got some hope 
that the Swedish government can [do] more to help my husband and he will get 
more support from Sweden," the 43-year-old told DW.

The Swedish immigration authorities' decision to grant Djalali citizenship has 
made a difference in the case. "Of course it gives the Swedish ministry of 
Foreign Affairs a formal right to actually meet with him because he is now a 
Swedish citizen," says Ami Hedenborg of Amnesty International's Sweden branch. 
The doctor's former status in Sweden - right of residence - did not allow for 
visits.

Fatal trip home

The disaster medicine expert has worked with researchers from all over the 
world to improve the capacity of hospitals in countries suffering from extreme 
poverty or affected by disasters and armed conflicts. He taught at the 
Karolinska Institute of Medicine in Stockholm, and also worked in the research 
department of the Free University Brussels (VUB).

Djalali's international career came to an abrupt end when Iranian authorities 
arrested him as he traveled to the country to attend medical conventions in 
Tehran and Shiraz. They tried him on charges of spying for Israel more than a 
year later, and finally sentenced him to death in October 2017 for "cooperating 
with an enemy state."

Family in shock

Back in Stockholm, his wife says she never would have thought such an outcome 
could occur. "I was shocked because it cannot be possible to get a death 
sentence without any evidence. I was under a lot of emotional pressure."

Somehow, Mehrannia had to explain to her children, aged 6 and 15, why their 
father hadn't come home. The younger child still doesn't know that he might 
never see his father again. "It is not possible for me to say anything to my 
son, and explain to him that they want to execute his father," she says, adding 
that she would not have been able to stand the situation without the help of 
her family in Iran and friends in Sweden.

Colleagues rally to help

Several international appeals have been made on the doctor's behalf. Amnesty 
International has been on the case ever since the doctor's arrest. Last 
November, 75 Nobel laureates wrote a letter to Iran's UN ambassador pleading 
for Djalali's release. In mid-January 2018, the Swedish Academy of Sciences, 
Amnesty and the doctor's former employer, the Karolinska Institute, organized a 
demonstration demanding his release.

He is a wonderful person and an impressive scientist, says Lisa Kurland, a 
senior research fellow at the institute. Djalali knew how badly disasters can 
affect the population, and wanted to use his expertise to help. "He knew how 
natural disasters affect people, because he had seen the earthquakes in Iran 
and experienced how they were being dealt with. He really wanted to make a 
change for the Iranian people in such disaster situations," she added.

Foreign appeals unsuccessful

The Brussels-based VUB has also appealed to the Iranian government. "This 
scientist was convicted in a closed procedure, and now faces the death 
penalty," said University President Caroline Pauwels. She told Belgian media 
that he was a highly esteemed colleague involved in important research, and 
that his sentencing was an outrage: "This scientist was sentenced in a 
non-public trial and now faces the death penalty."

Mehrannia first kept the arrest from the public for months because she hoped 
her husband would be set free, but she is now actively working to contact his 
former colleagues and the media. She is convinced that international attention 
can still help him. And she is convinced that her husband will return home to 
his life and family in Sweden.

Too little, too late?

It was not enough that he was naturalized, and it came too late, argues Yasamin 
Alttahir, a Mideast expert with Amnesty International in London, adding that 
she sees little chance of Stockholm intervening this late in the game.

Iran's judiciary, meanwhile, refuses all legal action against the death 
penalty, including efforts to review proceedings that Amnesty says are marked 
by numerous irregularities and legal errors.

At this point in time, consular assistance for Djalali can only be "very 
limited," Alttahir says, adding that only the hope of an amnesty remains, 
perhaps in a few weeks' time on the Persian New Year.

Djalali is not the only Iranian with dual citizenship languishing in an Iranian 
prison. According to Reuters about 30 people with dual citizenship - including 
Dutch, British and American nationals - were arrested in Iran over the past 2 
years. In early February, Kavous Emami, a Canadian-Iranian environment 
researcher, allegedly committed suicide in Tehran's Evin prison. The Canadian 
government has demanded a probe into the circumstances behind his death.

(source: Deutsche Welle)








PAKISTAN:

Killers get death penalty in Faisalabad----Death penalty has been awarded to 2 
accused involved in murder cases of Madina Town and Sadar police stations.



Death penalty has been awarded to 2 accused involved in murder cases of Madina 
Town and Sadar police stations. According to the prosecution, Madina Town 
police had booked Ahsan Ali and his accomplice Zaheer Abbas for killing Waqar 
Asghar during a dacoity last year.

After observing evidences and witnesses, Additional District and Sessions Judge 
Muhammad Afzal Majoka awarded capital punishment to Ahsan Ali and ordered him 
for pay Rs 500,000 as compensation to legal heirs of the deceased.

The court also awarded 35 years imprisonment and a fine of Rs 50,000 to Zaheer 
Abbas. Meanwhile, Additional District and Sessions Judge Khalid Saeed Watto 
awarded death sentence to Ghulam Mustafa and ordered him for paying Rs 300,000 
as compensation. Sadar police had booked Ghulam Mustafa and his 3 accomplices 
Ashfaq, Ejaz and Shehbaz for killing Rawal over minor dispute last year.

(source: Pakistan Point News)

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

Outcome of Asia Bibi's case directly linked to renewal of trade deal EU warns 
Pakistan



The European Union has warned Pakistan that trade ties are directly dependent 
upon the outcome of Asia Bibi's case. In this regard, Jan Figel, the special 
envoy of EU for the promotion of religious freedom around the world openly told 
the Pakistani officials that continuity of GSP plus status of Pakistan will be 
determined by release of Asia Bibi, who is on death row after being convicted 
of committing blasphemy.

European Union awards

Pakistani Christian woman Asia Bibi was accused of committing blasphemy by her 
co-workers back in 2009. Later on, in 2010, a court in district Nankana awarded 
her capital punishment, which was later challenged by her defense counsel. The 
decision was upheld by a 2-member bench of Lahore High Court in 2014. Her 
appeal case is currently pending with the Supreme Court of Pakistan.

Jan Figel communicated with the Pakistani during his visit to Pakistan. In a 
press release issued by the EU, says: "The EU communicator stressed the need to 
resolve Asia Bibi case because Italy, one of the EU strategic partners, is 
pushing hard to parallel the renewal of GSP plus status with the release of 
Asia Bibi, an internationally known Christian victim of false blasphemy charges 
languishing in the Pakistani prison for the last 8 years. In her early session 
court hearings, she denied blasphemy accusations.

But the court was pressurized by local as well as national religious forces; as 
a result, Muhammad Naveed Iqbal, session judge of Sheikhupura Courts, announced 
capital punishment for Asia Bibi. Later, she lost her appeal in the Lahore High 
Court in 2014 which not only left her in despair but additionally High Court's 
stay order against presidential pardon made her acquittal chances very slim. 
Her further appeal is pending in the Supreme Court of Pakistan."

The press release elucidated that most of the EU countries are of a belief that 
the Apex Court of Pakistan is intentionally delaying hearing of Asia Bibi's 
case owing to the pressure exerted by the political and religious parties. It 
was noted that the Chief Justice of Pakistan Justice Saqib Nisar has publicly 
urged the judges to conduct speedy trials of impending cases, yet he is not 
hearing the case of Asia Bibi.

Generalized System of Preferences (GSP) plus status allows duty-free access to 
the EU markets. Having this status, Pakistan was allowed 20 % exports to EU 
markets at zero tariffs while another 70 % at the same markers at privileged 
rates. In case, EU does not renews Pakistan's GSP plus status, it will be left 
with no other option but to borrow in order to stabilize its economy.

(source: christiansinpakistan.com)








ZAMBIA:

Politician fighting girlfriend gets death penalty for murder



A Lusaka Court has sentenced a prominent opposition politician to death for 
killing a guard who tried to mediate in the politician's fight with his 
girlfriend.

Keith Mukata shot the guard dead as the latter was attempting to separate him 
from a girlfriend the politician was fighting with.

"The Lusaka High has sentenced Chilanga UPND Member of Parliament, [Keith] 
Mukata to death by hanging after finding him guilty of murder," Africareview 
reported. Mukata's co accused and girlfriend Charmane Musonda, was acquitted 
due to lack of evidence.

The duo was arrested on May 6, 2017 for allegedly shooting to death the 
security guard, Mr Namakambwa Kalilakwenda.

Lusaka High Court Judge Susan Wanjelani was quoted saying there was 
overwhelming evidence that Mukata killed his security guard. In mitigation 
Mukata, also a lawyer, asked for a lesser sentence as he was a first offender 
and has numerous responsibilities.

But the judge said there was sufficient evidence that he had intention to kill 
his security guard.

After she delivered judgement in a fully parked court room, there was a chorus 
of wailing by Mukata's sympathisers.

Zambia has not hanged any convict after the Frederick Chiluba's regime which 
ended in 2001, but still maintains the death penalty in its statutes.

The sentence has invoked social media comments with some people, including 
zzaro Skylar expressing awe.

In @Skylar_rue, "Death by hanging. How sad, I didn't see this ending this way 
for Keith Mukata.'

CHIMWEMWE KHUNGA said in his tweet: "I thought Keith Mukata will be pardoned 
considering he's stay in parliament when other opposition lawmakers left 
parliament during the presidential address."

Ngularr said in her tweet: This is too sad. Guilty or not I really did believe 
he would get off on a technicality or get a lighter sentence i guess the 
evidence was overwhelming.

(source: Lusaka Times)



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