[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

May 29



BOTSWANA:

EU slams Botswana's decision to resume capital punishment



The European Union Delegation in Botswana on Tuesday condemned Botswana's 
decision to resume capital punishment following last week's execution of death 
row inmate Uyapo Poloko.In a statement issued by its spokesperson Bester 
Gabotlale, the EU Delegation reaffirmed its strong opposition to capital 
punishment in all circumstances.

"We continue to call on Botswana to initiate a public debate on its use of the 
death penalty, as the Government of Botswana has already agreed in the 
Universal Periodic Review of the UN Human Rights Council in January of this 
year," the EU said.

According to EU, the death penalty is a cruel and inhumane punishment that 
fails to deter criminal behaviour and which represents a grave denial of human 
dignity and integrity.

"The African continent has joined the growing trend towards abolition of the 
death penalty worldwide with 80% of the members of the African Union having 
already abolished the death penalty in law or in practice," the EU said.

Botswana's Defence Justice and Security Minister Shaw Kgathi however told the 
EU off, saying his government remained unshaken in its position on death 
penalty.

"You know what the procedure is if there are plans to change the law. Currently 
our position has not changed as far as the death penalty is concerned," he 
said.

The minister was recently quoted as saying a number of Batswana are in favour 
of the capital punishment.

(source: journalducamerounc.om)








ETHIOPIA:

Andy Tsege is Pardoned by Ethiopia



British citizen Andy Tsege has received a pardon from the Ethiopian Government 
after almost four years on death row in Ethiopia.

After 4 unbelievably hard years for on death row this is wonderful news for 
Andy, his partner and their children. The new Ethiopian government should be 
recognised for what they have done today. The most important thing now is that 
Andy is released from prison and able to reunite with his family as soon as 
possible.

"I am so thankful that the pain and anguish my children have had to go through 
could now soon be coming to an end. Helawit, Yilak and Menabe have spent too 
long without their father and we are all hoping Andy will be free to come home 
to us soon."----Yemi Hailemariam, Andy's partner

Andy was originally sentenced to death in his absence in 2009 while he was 
living in London with his family on charges that were widely seen as 
politically motivated. He was detained at an international airport in June 2014 
and illegally transported to Ethiopia where he has been ever since.

(source: reprieve.org.uk)








IRAN:

Iran Execution Trends 6 Months After the New Anti-Narcotics Law



On Monday, May 10, 2018, Iran Human Rights (IHR) reported the execution of 
Kiomars Nasouhi, a prisoner sentenced to death for drug offenses. This 
execution is the 1st drug-related execution registered by IHR since the latest 
amendment to the Anti-Narcotics Law was enforced on November 14, 2017.

According to reports by IHR, at least 77 people, among them 3 juvenile 
offenders have been executed between January 1. and May 20, 2018. 4 were hanged 
in public spaces. Of the reported executions 62 were sentenced to death for 
murder, 7 for Moharebeh (being an "enemy of God"), 7 for rape, and 1 for drug 
offenses. For comparison, it is reported that during the same period in 2017, 
at least 203 people were executed, 112 were executed for drug offenses. The 
significant reduction in the number of executions in 2018 seems to be due to a 
temporary halt in drug-related executions as the number of executions for 
murder charges were nearly the same as in 2017.

IHR has not received any execution reports related to drug offenses from the 
enforcement of the new amendments to the Anti-Narcotic Law on November 14, 
2017, until May 10, 2018. The occurrence of the 1st death sentence for drug 
offenses may indicate that review of death sentences for drug offenses has been 
finalized at least in some provinces of the country.

The present report shows that the process of reviewing the cases of those 
sentenced to death for drug offenses has resulted in the commuting of many 
death sentences. Although these numbers may seem positive, there are still 
concerns that need to be addressed. Commenting on this report, Mahmood 
Amiry-Moghaddam, the spokesperson of IHR said: "We welcome the significant 
reduction in the use of the death penalty and hope that this trend will 
continue towards complete abolition. However, we have several serious concerns 
regarding the process of implementation of the new amendment [to the 
Anti-Narcotics Law] including bribery in the Judicial system, insufficient 
capacity to handle a large number of cases, and lack of a monitoring organ 
overlooking the process." He continued: "Several thousand lives are at stake 
and we, therefore, call for an international commission monitoring this 
process. We demand that the review also include the question of due process. 
For instance, did the prisoners have access to a lawyer after their arrest and 
were the prisoners subjected to torture to give confessions?"

Background:

The new amendment to Iranian Anti-drug law which was enforced on November 14, 
2017, includes a mechanism to limit the use of the death penalty and reduce the 
sentences of those sentenced to death or life imprisonment.

According to the amendment, the minimum possession of drugs, including their 
production or distribution, which results in a death sentence, has been changed 
from 30 grams to 2 kilograms for industrial narcotics, e.g., heroin, cocaine, 
and amphetamines, and from 5 to 50 kilograms for traditional drugs such as 
opium and hashish.

According to the law, the punishments of those who were already sentenced to 
death or life imprisonment will be reduced to imprisonment plus mulct (fine).

The amendment specifies that the death penalty should be limited to those who 
have been carrying or have used weapons while trafficking, sponsoring or 
organizing narco gangs and inducting children under the age of 18 or people 
with intellectual disabilities into such gangs. Those with a prior prison term 
of more than 15 years would also be excluded from the commutations under the 
amendment.

The amendment was the outcome of a lengthy process of discussions between the 
Parliament and the judiciary, and between the Parliament and the Guardian 
Council, and was eventually enforced on November 14, 2017. At the same time, 
the spokesman for the Parliament's judicial and legal committee, Hassan 
Nowroozi, who was one of the main MPs behind the adoption of this law in 
Iranian Parliament, said: "There are currently about 5300 prisoners sentenced 
to death for drug-related crimes. 90% Of those people did not have any criminal 
records, and their age range is between 20 and 30."

"This means that," he argued, "the new amendment to the Anti-Narcotics Law 
could potentially save more than 4,700 lives. Thus, if this law is implemented 
properly, we will witness one of the most important measures to reduce the use 
of the death penalty in recent years."

Explaining the necessity for adoption of this law, Vice-chairman of the 
Parliament's Legal and Judicial Commission, Yahya Kamalipour, said on October 
30, 2017, that 90% of drug abusers in recent years have been forced into drug 
trafficking because of poverty: "Being a judge and judicature chief for 20 
years, I am well aware of the conditions of the prisoners and their families. 
90% of those who were executed in past years, were just carriers of the drugs 
to earn some money, for instance, to afford the daughter's wedding expenses or 
to pay for their mother's surgery bill. They even did it for a million Tomans 
(around 140 USD), and were eventually sentenced to death for this amount."

Interviews with the prisoners and their families

The report examines the status of a case study of prisoners sentenced to death 
or life imprisonment related to narcotics over the past 6 months following the 
implementation of the new anti-narcotics law. The report is based on interviews 
conducted by IHR researchers with several prisoners sentenced to death for drug 
offenses in 5 different prisons, or their families. The report provides a brief 
overview of some of the interviews that refer to the process of reviewing the 
cases that are subject to the new law:

Some judicial authorities take bribes to process the cases more quickly:

The families of some prisoners who are sentenced to death or life imprisonment 
for drug-related crimes told IHR that the issue of reviewing the cases of these 
prisoners began in early December 2017. However, most families complained about 
the slowness of the process. Some also believed that there was no proper order 
and equality in reviewing the cases, and some reported that judicial 
authorities were asking for bribes to prosecute cases more quickly. Reports on 
the reaffirmation of the death penalty for some prisoners have also been 
reported to the IHR.

The family of a death row prisoner in the Urmia Central Prison claimed: "The 
case of prisoners sentenced to death in Urmia goes well, and most of the death 
sentences have been commuted [to prison terms]. Only Branch [...] of the Urmia 
Revolutionary Court headed by the judge [...] approved the death sentence for 
several cases, because the judge asked the family of the prisoners to pay 
bribes, and they did not pay. Now, the families of the prisoners who have been 
sentenced to death do not know what they can do and whether they have the right 
to object?"

The source continued: "Our prisoner's sentence changed from execution to 30 
years of imprisonment plus 200 million tomans fine."

"In the judge's room, there were folders of the cases from floor to the 
ceiling."

"My brother was sentenced to death before the implementation of the new law. 
Fortunately, the Supreme Court did not endorse the verdict, and his case was 
returned to the Revolutionary Court for review," a family member of another 
prisoner in Tehran said, "when I went to visit the judge, he said that the 
courts are very busy reviewing the cases."

The interviewee continued, "I begged the judge to handle my brother's case as 
soon as possible, and he said that he is going to handle the cases on the basis 
of quantity (of the drugs). Therefore, he is currently reviewing cases that 
have 70 grams of drugs and reaching my brother in the meantime." The eyewitness 
told IHR that in the judge's room there were folders of the cases from floor to 
the ceiling.

He also said that "prisoners who were sentenced to death before, usually 
receive the new verdict including 30 years term in prison and 200 million 
tomans in fines. Those who were convicted to life imprisonment previously, 
typically get 15 years jail term. One of our neighbors who was sentenced to 
death was released recently after 11 years in prison. However, there are cases 
of bribery and other violations of law which are normal in the Revolutionary 
Courts."

One of the prisoners who was sentenced to death in Tehran's Revolutionary Court 
in this regard told IHR: "In January, my case was sent to Branch 28 where my 
death sentence was issued before, but I haven't heard from them yet. Judge 
Moghiseh and Judge Teyrani have not processed any cases. Apparently, Judge 
Teyrani is about to be retired in few weeks."

The mother of another prisoner who was sentenced to death by the Revolutionary 
Court of Tehran said, "My son's new verdict has not been issued yet. We neither 
have a lawyer nor money, and we are very concerned. Many prisoners with a 
higher quantity of drugs received a verdict or were released. My son had 600 
grams of heroin, and he didn't have a prior criminal record."

Reaffirmation of several death sentences despite the absence of prior criminal 
record:

Furthermore, the mother of another prisoner who was sentenced to death by the 
Revolutionary Court of Urmia said, "Now, the death sentence is reduced to 30 
years imprisonment and 200 million Tomans fine; however, the sentences of some 
prisoners have been reduced to 25 years and 1 day. Those who were sentenced to 
life imprisonment are mostly sentenced to 15 years and one day. So far, 6 or 7 
people have been sentenced to death again by Judge Sheikhloo at Branch 2 of the 
Revolutionary Court. Some of the prisoners did not have a prior conviction."

A prisoner who was sentenced to death in Urmia, told IHR: "I know at least 4 
people without a prior criminal record whose death sentences have been upheld 
in Branch 2 of the Revolutionary Court (Sheikhloo). The 4 prisoners are all in 
jail for more than five years. For 2 of them, the verdicts were issued for the 
accusation of the establishment of a narco gang, 1 person for investing on the 
narco business and the other one for hiring other people for the drug gangs."

Disproportionation between crime and punishment: 30 years in prison, for both 
200 grams and 40 kilograms

A family member of a prisoner who was sentenced to death by the Revolutionary 
Court of Isfahan also said to IHR, "My brother was arrested and sentenced to 
death on the charge of 40 kilograms heroin 2 years ago. Fortunately, his 
sentence was reduced to 30 years in prison and 200 million Tomans fine without 
him or his lawyer asking for an appeal." In response to the question whether 
any death sentences had been upheld, he said, "No death sentences have been 
upheld in Isfahan so far, most sentences are reduced, and the rest of the 
defendants are still waiting for the result."

The wife of a prisoner who had been sentenced to death by the Revolutionary 
Court of Mashhad said, "My husband's sentence has been reduced. He was 
sentenced to death for 200 grams of heroin, but now his sentence is reduced to 
30 years in prison and 200 million Tomans fine. It's not fair that the same 
punishment is issued for both 200 grams and 40 kilograms."

A family member of a prisoner who was sentenced to death by the Revolutionary 
Court of Sari told IHR, "Most new verdicts are issued by the request of prison 
wardens. Most of the prisoners are now sentenced to 30 years in prison and 200 
million Tomans fine. My nephew also received the same sentence and he is 
allowed to have a furlough or be transferred to his hometown by law because 
he???s been in prison for 5 years now, but they haven't approved it yet." In 
response to the question of whether any death sentences were upheld by the 
Revolutionary Court of Sari, he said, "No death sentences have been upheld or 
carried out in Sari after the new law was enforced."

He counted "the replacement of the prosecutor of Mazandaran, Sheikh Jafari" a 
reason for improvement of the situation.

The wife of a prisoner who was sentenced to death by the Revolutionary Court of 
Isfahan said, "I don't know on what basis they issued my husband's sentence. He 
was sentenced to 26 years in prison and 122 million Tomans fine for 350 grams 
of heroin by Judge Pour-Rezaei. The same judge sentenced another prisoner who 
was charged with possession of 76 kilograms of heroin to 30 years in prison and 
200 million Tomans fine. Why can't we object to the decision?"

A prisoner at the Ghezelhasar prison in Karaj, who had previously been 
sentenced to death in Tehran's Revolutionary Court and now sentenced to 30 
years in prison and fined 200 million tomans, told IHR: "Of course, 
substitution of death sentence to prison terms, has a psychological effect and 
already has made the prisoners and their families relieved, but at the end of 
the day, one should look at the real outcome: most of the prisoners were given 
prison terms of nearly 30 years. It is good, only if they can expect a pardon 
in future. It is unclear if it is possible to appeal to these verdicts, or 
not."

Conclusions and recommendations:

Despite the fact that the death sentences of many prisoners changed to prison 
terms and fines, there are still serious concerns. This brief report, which has 
been provided through interviews with prisoners and their families, reveals 
some facts:

1. The problem of corruption and bribery in the Iranian judicial system: This 
problem can lead to the violation of the rights of prisoners who are among the 
poorest sections of society.

2. Insufficient resources put into this process by the Judiciary: This is 
especially true in large cities and areas where the number of drug prisoners is 
high. Eyewitnesses have said that in some of the judge's rooms, there were 
"folders of the cases from floor to the ceiling." This problem can potentially 
lead to inaccuracies in handling the cases.

3. Lack of independent supervision of the process of reviewing the cases and 
lack of transparency. This problem, along with the lack of capacity in the 
justice system, corruption, and bribery, can lead to severe injustices in the 
process of reviewing cases.

4. The lack of the chance of a fair trial during the review of cases: Since 
many of the death sentences have been issued on the basis of confessions 
extracted under torture, the initial confessions must be ignored entirely. 
During the review of these cases, the defendants should have lawyers -which 
they do not- and many other pillars of a fair trial are not present in the 
process.

5. Disproportionation between crime and punishment: Most prisoners whose death 
sentences were commuted have been sentenced to 30 years in prison, regardless 
of the type and degree of the crime.

Although the new law is likely to reduce the number of executions related to 
drug crimes, it is important to remember the problems mentioned above. 
Meanwhile, the international community should monitor the process of reviewing 
the cases, and call for the Iranian authorities to be transparent in this 
regard. Also, there is an urgent need for an international observer delegation, 
and it is essential to put pressure on Iranian authorities to accept and 
establish such a system. In the current mechanism, the same judges who once 
issued the death sentences, are responsible for the reviewing of the same 
cases. Moreover, the bribery and corruption problem in the Iranian judicial 
system must be adequately addressed.

IHR also calls for establishing a system for regularly reporting about the 
process, to an international observer delegation. The Iranian judiciary and 
authorities should also provide the United Nations with a list of all those who 
are sentenced to death so that the UN can have more transparent monitoring 
ability.

The United Nations Office on Drugs and Crime, which has collaborated with 
Iranian counter-narcotics authorities, should have access to the list of all 
prisoners sentenced to death for drug offenses, and to monitor the process of 
conversion of death sentences.

Similarly, the European Union and countries involved in UNODC projects in Iran 
should not resume their financial assistance until these reforms are fully 
implemented. Moreover, the issue of having a fair trial for detainees arrested 
in connection with drugs should become a priority in the discussions with 
Iranian authorities in the future.

(source: Iran Human Rights)








IRAQ:

Saddam's former minister pleads for clemency as health deteriorates ----General 
Sultan Hashim Ahmad is a top level, Saddam-era official facing the death 
sentence



Toppled dictator Saddam Hussein's former top official has been transferred to a 
prison in Baghdad following reports that his heath is "deteriorating".

Sultan Hashim Ahmed, 74, was condemned to death in 2007 for serving as defence 
minister during the dictator's brutal era but the country's high court has not 
ratified his sentencing.

General Ahmed, detained in Nasiriyah prison since his surrender to US forces in 
2003, was moved to a prison in Baghdad on Sunday, Al Sumeria TV reported.

The conditions in the detention are "very bad", Badia Araf, the lawyer 
representing Gen Ahmed told AFP, adding that his health was worsening.

Earlier this month, parliament speaker Salim Al Jubouri appealed to Iraqi 
President Fuad Masum and the country's highest judicial authorities for an 
"exceptional pardon" for General Ahmed in the run-up to the Muslim holy month 
of Ramadan.

Mr Al Jubouri stressed in a letter that he had previously received "numerous 
requests from dignitaries in Mosul", the general's home city in northern Iraq, 
to spare him from the death sentence.

Although Gen Ahmed is accused by powerful Iraqis over his involvement in the 
Iran-Iraq war, he is also valued for that same role by Iraqi nationalists.

He is regarded by some as a patriot who fought for his country rather than a 
scoundrel who allied with a ruthless dictator.

Former Iraqi lawmaker, Hassan Al Alawi, described the general as a "symbol of 
the Iraqi army".

"He a man of integrity and he is still admired by Iraqi soldiers," Mr Al Alawi 
told reporters.

Reports suggest that as deputy chief of staff of the Iraqi army, Gen Ahmed 
convinced US General Norman Schwarzkopf to allow Iraqi forces to use their 
helicopters in the no-fly zone following Iraq's retreat from Kuwait in 1991.

It was alleged that those same helicopters were used to slaughter Shiites in 
the south and Kurds in the north in response to a series of uprisings.

Gen Ahmed is number 27 on America's list of 55 most wanted members of Saddam's 
regime. The cards were given to US troops when they invaded Iraq in 2003.

Of the 55 people, 6 were executed, 6 were killed in combat, 8 died in 
captivity, 5 are on the run, and 16 were freed by Washington before US forces 
pulled out of Iraq in 2011.

The latest fugitive to be detained was Abdel Baqi Abdel Karim Abdallah, a top 
Baath party official who was arrested in June 2015 in Kirkuk.

(source: thenational.ae)








PAKISTAN:

Death penalty awarded in Lakki murder case



The court of Additional Sessions Judge Nasir Kamal Yousafzai convicted a murder 
accused here on Monday and awarded him death sentence along with heavy fine.

The prosecution told the court that on June 30, 2013 the accused person, Khan 
Sardar, had killed his brother Ibrahim in Tajazai locality when he was taking 
his sick son Amanullah along with his wife to a hospital for medical 
examination.

Police had launched investigation into the murder incident after registration 
of a case against the accused on the complaint of Zahida Bibi, the widow of the 
deceased. On completion of investigation, police presented challan before the 
court around 2 weeks after the occurrence of the incident.

The prosecution told the court that the accused was arrested by police on 
February 26, 2014 and a supplementary challan was submitted to the court on 
March 2, 2014.

The court heard evidences of witness and arguments from defence and prosecution 
sides and announced the verdict, declaring that the prosecution successfully 
established its case against the accused.

The court convicted Khan Sardar and sentenced him to death penalty on one 
count. The convict will also pay compensation amount to the tune of Rs2 million 
to the legal heirs of the deceased.

(source: dawn.com)

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

Waiting On Death Row



Over the last 5 years, the federal government has been unable to devise a 
programme dealing with convicts on death row barring the option of simply 
relegating them in stagnating prison cells to await their fate.

Pakistan currently has the largest death-row population in the world reaching 
8,200 prisoners languishing in jails for decades, awaiting their deaths. It is 
a matter of systematic failure where the doling out of death sentences in a 
definitive demonstration of justice being served has become ignorant to the 
ensuing disregard for the fate of the prisoners.

While law enforcement agents encourage and support capital punishment under the 
premise that it 'deters crimes' there is no research that supports that claim. 
What it does highlight is a gaping chasm in our justice system where being 
charged, tried in court and then sentenced, there is no due process for 
psychological evaluation of those convicted to allow for a more even-handed and 
cognisant methodology rather than consigning them to the gallows.

Pakistan's legal infrastructure is flawed and susceptible to the routine 
miscarriage of justice. There is a need for reforms in the criminal justice 
system that is weighted and mired in corruption. Where wrongful convictions, 
personal vendettas, political patronage and misuse of the law are inherent, the 
use of capital punishment becomes problematic. Similarly, there is no question 
as to the fact that most of the murder convicts belong to poor families who 
cannot afford good lawyers to prove their innocence.

(source: The Nation)








BANGLADESH:

3 gets death for killing RMG worker after rape



A Narayanganj court today sentenced 3 persons to death for killing a garment 
worker after rape.

The convicts are Nasiruddin Bitol,40, Chopun,34, and Khokon Mia, 32 of Bandar 
upazila of the district, our Narayanganj correspondent reports quoting Special 
Public Prosecutor (PP) Rakibuddin Ahmed Rakib.

Judge Md Juel Rana of Women and Children Repression Prevention Tribunal awarded 
death penalty to the trio in their presence at the court.

4 other accused was acquitted of the charges as allegation brought against them 
were not proved.

Ashma Khatun, 28, a garment worker who was abducted by the 3, were raped and 
killed on 12 March, 2018. Her father Raza Mia filed the murder case.

(source: The Daily Star)