[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

October 9



EUROPE:

10 October: European Day against the Death Penalty



The 47-nation Council of Europe and the 28-member European Union have published 
a joint declaration to mark the European and World Day against the Death 
Penalty on 10 October.

The declaration underlines the 2 organisations' strong opposition to capital 
punishment in all circumstances.

"The death penalty is an affront to human dignity. It constitutes cruel, 
inhuman and degrading treatment and is contrary to the right to life. The death 
penalty has no established deterrent effect and it makes judicial errors 
irreversible." - Council of Europe Secretary General Thorbjørn Jagland and EU 
High Representative for Foreign Affairs and Security Policy, Federica Mogherini

Pending the introduction of a moratorium, the declaration calls on countries 
still applying the death penalty - which notably include Belarus, the only 
European country still using capital punishment - to commute any existing death 
sentences to prison terms.

It also urges Council of Europe and EU member states to avoid involvement in 
the use of the death penalty by third countries, for example by acting to 
prevent the trade in goods that could subsequently be used to carry out 
executions.

Through the European Convention on Human Rights, the Council of Europe has 
created a death penalty-free zone covering 47 countries and over 830 million 
people.

No executions have taken place in any Council of Europe member state for more 
than 20 years.

(source: coe.int)








UNITED KINGDOM:

Fear of infuriating Trump made UK drop opposition to death penalty for British 
Isis suspects, court told----Sajid Javid was advised that Donald Trump could 
'hold a grudge' and administration would be 'outraged'



Sajid Javid "gave up" on attempts to ensure the US did not execute 2 British 
Isis militants because he feared sparking outrage in Donald Trump's 
administration, a court has heard.

El Shafee Elsheikh and Alexanda Kotey, who were allegedly members of a cell 
dubbed "The Beatles" and who killed a series of hostages in Syria, have been 
the subject of a legal dispute between the US and UK since being captured in 
January.

Earlier this year a leaked letter showed that Mr Javid had agreed to hand 
evidence on the pair to American authorities for a federal prosecution, but 
without assurances that the death penalty would not be used.

Elsheikh's mother, Maha Elgizouli, is attempting to launch a judicial review 
over the decision and claims it is unlawful.

Her lawyers told the Lord Chief Justice, Lord Burnett, and Mr Justice Garnham 
that the "unprecedented and unjustified" move was taken against advice from 
government departments and violated precedent.

Edward Fitzgerald QC said it was influenced by the "anticipated outrage" of 
members of the Trump administration if the UK demanded assurances that the pair 
would not face the death penalty.

"[Mr Javid] wrongly exposed the suspects to the very real risk of an inhuman 
punishment," he told the Administrative Court in London.

"This country should not facilitate the imposition in another country of a 
punishment which we ourselves recognise as inhuman and unlawful.

"He took those steps in large part because of the anticipated outrage of 
certain political appointees in the Trump administration if the UK insisted on 
death penalty assurances.

"We submit that the anticipated outrage of those US officials was not a proper 
consideration as a matter of law."

Lawyers for Mr Javid argued that there is no common law prohibition on 
providing legal assistance to another country where it may result in 
proceedings leading to the death penalty.

"This group [the Isis Beatles] is associated with some of the gravest offences 
perpetrated against civilians in Syria during the conflict," James Eadie QC 
told the court.

"These beheadings are notorious globally, all but one having been filmed and 
posted on the internet."

He said Mr Javid's decision was rational, did not create inconsistency with the 
UK's general death penalty policy and "did not misdirect himself in law or 
fact". Mr Eadie also said the government had not violated the Data Protection 
Act.

The court heard that the US first made a request for "mutual legal assistance" 
(MLA) on Kotey and Elsheikh in June 2015, when the then home secretary, Theresa 
May, said material would not be handed over without assurances against the 
death penalty.

In response the US Department of Justice offered partial assurances that it 
would not make direct use of the evidence in its case but the British 
government did not change its position.

Mr Fitzgerald said it remained consistent even after Donald Trump was sworn in 
as president, and the Home Office was still demanding full assurances against 
the death penalty in August 2017.

After Elsheikh and Kotey were detained in Syria in January, the Crown 
Prosecution Service reviewed the 600 witness statements gathered by the 
Metropolitan Police but concluded that there was "insufficient evidence" to 
prosecute them in Britain.

Mr Fitzgerald said that although the current proceedings were not challenging 
that decision "it does seem very strange that if this country has evidence that 
is sufficient to put these 2 suspects on trial in the US, that they can't be 
tried for anything in this country".

He said that in March Amber Rudd met the US attorney general, Jeff Sessions, 
who requested the UK put the suspects on trial itself and "expressed a 
favourable view of Guantanamo" if they had to be handled by the US.

Then in April, the security minister Ben Wallace held talks with the US 
Department of Justice where the court heard he was "informed of the opposition 
of senior members of the administration" to a federal trial and "strong voices 
arguing for Guantanamo".

Later that month Ms Rudd resigned as home secretary and was replaced by Mr 
Javid, who discussed the case with Mr Sessions by phone.

The US attorney general said he "did not want his hands tied" by UK demands and 
insisted that the death penalty "should not be an issue", Mr Fitzgerald said.

Then in May a briefing by the British ambassador in Washington warned that 
continued demands could cause "something close to outrage" among Mr Trump's 
political appointees.

Mr Fitzgerald said the advice expressed fears that Mr Sessions, Secretary of 
Defense James Mattis, Secretary of State Mike Pompeo and others would "wind the 
president up to complain to the PM and potentially, to hold a grudge" that 
could damage bilateral relations.

The UK Central Authority continued recommending that the UK demanded full 
assurances against the death penalty, which the US has complied with in other 
cases, but days later there was an "about-turn".

Mr Fitzgerald said that in a meeting with Mr Sessions on 30 May, Mr Javid 
"assessed that if he asked for assurances, whether full or partial, it was 
likely to provoke outrage". "We submit that that about-turn was both 
unreasonable and unlawful," he added, accusing the government of "washing its 
hands".

"Effectively he gave up ... Mr Javid didn't even try, he made no attempt to ask 
for assurances at all. We submit that that was an unworthy capitulation."

The home secretary informed Boris Johnson of the change in June, claiming that 
"significant attempts" had been made and that the dropping of assurances would 
mitigate the risk of Kotey and Elsheikh being detained in Guantanamo.

In a letter, Mr Javid noted the risk of "key US political appointees" reacting 
with "outrage". In his reply, Mr Johnson said there was also American 
dissatisfaction with the UK's "perceived unwillingness to pursue a prosecution, 
while at the same time seeking to dictate terms to the US".

The then foreign secretary backed the transfer of evidence but warned that it 
could reduce the UK's global "moral authority" on the death penalty, while 
providing fodder for radicalisers.

On 22 June Mr Javid communicated the decision to Mr Sessions to provide 
material without assurances.

"The decision was an unprecedented and unjust," Mr Fitzgerald told the court. 
"It wrongly exposed the suspect to the serious risk of execution and moreover 
such execution is likely to follow."

He argued that the home secretary also violated the Data Protection Act and 
failed to consider the long periods spent on death row in the US, and evidence 
of "extreme pain" caused by lethal injection.

The home office announced a temporary pause of the MLA after Elsheikh's mother 
launched legal action but evidence will continue to be transferred if it fails.

Mr Fitzgerald said the case was "not so much about the rights of Elsheikh" but 
about the government being held to its own previous policy and the rule of law.

"The claimant [his mother] has not come before this court to excuse the 
appalling acts with which her son has been linked, if those acts are proved 
against him, and has not come to oppose that if he is convicted he is 
appropriately punished,' he added.

"Her concern is the death penalty and she asks that the government should be 
held to its general policy and invariable practice of seeking death penalty 
assurances before providing evidence pursuant to the MLA treaty."

Families of the hostages murdered by the Isis Beatles have said they want Kotey 
and Elsheikh put on trial but not executed, as have their surviving victims.

Mr Javid has faced criticism from all parties over his decision, which was 
branded "extraordinary" and a "dramatic change of policy" by the former 
reviewer of anti-terror legislation, Lord Carlile.

Kotey and Elsheikh, who were raised in the UK, remain detained by Kurdish 
forces in Syria and are among alleged Isis fighters to be stripped of their 
British citizenship.

Terror experts have cautioned that executing them would hand Isis a fresh 
propaganda victory as it seeks to regroup in new "wilayat" (provinces) 
following territorial losses across Syria and Iraq.

Originally from London, the pair were declared "Specially Designated Global 
Terrorists" by the US State Department ahead of their capture in January, with 
official documents naming them as members of "The Beatles" and saying the cell 
had beheaded more than 27 hostages and tortured many more.

Surviving captives have told of their brutality, which included waterboarding, 
electric shocks, mock executions and crucifixions.

Executioner Mohammed Emwazi, who became known as "Jihadi John", was killed in a 
drone strike, while the remaining "Beatle", Aine Davis, is imprisoned in 
Turkey.

The hearing will continue on Tuesday.

(source: independent.co.uk)








EUROPEAN UNION/SOUTH KOREA:

EU ambassadors in Seoul support abolishing death penalty in South Korea



European Union (EU) ambassadors issued a statement on Oct. 8 expressing their 
support for a National Human Rights Commission of Korea (NHRCK) recommendation 
calling for the South Korean government to enter an international agreement on 
abolition of the death penalty.

Meeting with the Hankyoreh that day, a diplomat with the EU delegation to South 
Korea (serving as the EU’s local embassy) said it was the "1st time the EU and 
its individual ambassadors have issued a statement on abolishing the death 
penalty."

At a plenary session in Sept. 10, the NHRCK approved a motion to recommend that 
the South Korean government join the Second Optional Protocol to the 
International Covenant on Civil and Political Rights for abolition of the death 
penalty.

Countries that sign on to the protocol - adopted by the UN General Assembly in 
1989 - are obligated to take necessary measures to abolish the death penalty, 
including bans on executions. 85 countries are currently parties to the 
protocol. Of the 36 members of the OECD, all but four are parties - the 
exceptions being South Korea, Japan, the US, and Israel.

The statement endorsing the NHRCK's recommendation was issued in the name of EU 
ambassador to South Korea Michael Reiterer and ambassadors for all 28 EU member 
countries in Seoul. In the statement, the signatures said they "strongly 
support" the NHRCK recommendation for South Korea to join the Second Optional 
Protocol, adding that the EU "strongly and clearly opposes the death penalty in 
all situations and circumstances."

The statement also expressed hope that the South Korean government would 
declare an official moratorium on the death penalty and vote in favor at a UN 
General Assembly meeting in December.

"The death penalty has no proven deterrent effect [against crime] and is a 
system that renders judicial errors irreversible," it said.

With the EU and its ambassadors now urging South Korea to sign on to the Second 
Optional Protocol, the debate over abolition of the death penalty appears 
likely to heat up.

Democratic Party lawmaker Keum Tae-sup previously served as lead sponsor for a 
resolution urging the government to sign on to the Second Optional Protocol in 
time for World Day Against the Death Penalty on Oct. 10.

In a press conference with Amnesty International Korea at the National Assembly 
press center on Oct. 5, Keum said, "Abolition of the death penalty is an 
ineluctable global trend, and we strongly urge the South Korean government to 
sign on to the Second Optional Protocol and vote in favor of the death penalty 
moratorium resolution [at the UN General Assembly session in December]." Keum 
was one of 31 lawmakers sponsoring the resolution.

(source: hani.co.kr)



TAIWAN:

NGOs tout ongoing national debate over death penalty



Nongovernmental organization (NGO) activists on Monday called for greater 
public participation in a national campaign to discuss alternatives to the 
death penalty aimed at replacing it with other punishments.

A series of 30 deliberative meetings, titled "Let's Discuss the Alternatives to 
the Death Penalty," have been scheduled since May to engage with people holding 
different views on the death penalty. So far, 10 have been held and another 20 
sessions are scheduled by the middle of 2019.

"We hope to hear a wide diversity of opinions on the subject no matter whether 
they support retaining or abolishing the death penalty," Lin Hsin-yi, head of 
the Taiwan Alliance to End the Death Penalty (TAEDP) which initiated the 
campaign, said at a press conference.

Although successive governments in Taiwan have talked about ending the death 
penalty as a long-term goal, 35 death row inmates have been executed since 
2010, the latest on Aug. 31, the first under the current Democratic Progressive 
Party (DPP) government.

Administrations of both the Kuomintang (KMT) and DPP have cited public support 
for the death penalty, as suggested by numerous polls, as a main reason for not 
removing it from Taiwan's statute books and have made no effort to encourage 
public discussion on the issue.

In a society where people tend to consider "an eye for an eye" as justified, 
the government is obliged to facilitate public dialogue to examine such a 
multifaceted issue, said Huang Song-lih, head of Covenants Watch.

The issue of capital punishment relates to how we can best improve the 
country's criminal justice system and focus on the positives of society rather 
than a simple yes/no question, said Yang Kuei-chih, founder of the Plain Law 
Movement. Representative of the European Union to Taiwan Madeleine Majorenko 
and Australia's Deputy Representative to Taiwan Susan Moore both attended the 
press conference, held 2 days ahead of the 16th World Day Against the Death 
Penalty on Oct.10, to extend support for the deliberation campaign.

It is very important that Taiwan holds this public discussion because it 
provides facts and can clear up many misconceptions about the death penalty, 
Majorenko said.

(source: focustaiwan.tw)








BANGLADESH:

SC clears way to execute Khalaf murder convict



The Supreme Court has dismissed a review petition filed against the death 
penalty handed down to a convict in the murder case of Saudi embassy official 
Khalaf Al Ali.

A 4-member bench of the Appellate Division, led by Chief Justice Syed Mahmud 
Hossain, gave the order on Sunday, rejecting the petition filed by the convict.

Attorney General Mahbubey Alam said there is no bar to execute the verdict 
against the convict, reports the UNB.

Earlier on October 4, the Supreme Court set October 7 to deliver the order on 
the review petition filed against its judgment in the murder case.

Earlier, the Supreme Court had upheld the High Court verdict that gave death 
sentence to Saiful Islam Mamun, and life term to 3 others-Md Al Amin, Akbar Ali 
Lalu, and Rafiqul Islam.

Khalaf Al Ali, 45, a non-diplomatic official with the consular section of the 
embassy, was shot near his Gulshan residence on March 5, 2012.

A murder case was filed with Gulshan police station against 5 people, 2 days 
after the killing.

On December 30, 2012, a Dhaka court sentenced all the 5 accused of the case to 
death.

However, the decision was overturned when the convicts' appeal and death 
sentence was sent to the High Court.

In 2013, the High Court acquitted fugitive Selim Chowdhury; commuted the 
sentences of Md Al Amin, Akbar Ali Lalu and Rafiqul Islam to life in prison; 
and upheld the death sentence of Saiful Islam Mamun.

The state then filed an appeal with the Supreme Court in 2014.

(source: Dhaka Tribune)

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

Bangladesh sets death penalty for drug offences in draft law



Bangladesh's cabinet on Monday approved a draft law prescribing the death 
penalty for drug offences, despite widespread criticism over a drugs crackdown 
in which police have shot dead more than 200 people since May.

Prime Minister Sheikh Hasina launched the campaign ahead of a general election 
due by December, but the killings have prompted fears among rights groups of a 
bloody Philippine-style campaign to wipe out drugs.

Sponsored

The Narcotics Control Act defines methamphetamines, also known as "yaba", and 
other drugs, such as "shisha", as narcotics for the 1st time, Cabinet Secretary 
Mohammad Shafiul Alam told reporters after the meeting chaired by Hasina.

"It proposes the death sentence as maximum punishment for producing, smuggling, 
distributing and using more than 5 gm of 'yaba'," he said, adding that 
possession of less than 5 gm (0.18 oz) would attract a maximum jail term of 5 
years.

Alam said the stern punishment was needed to curb the spread of the highly 
potent stimulant smuggled in from neighboring Myanmar.

Bangladesh has said an influx last year of Rohingya fleeing Buddhist-majority 
Myanmar is partly to blame for soaring methamphetamine use.

But many Rohingya say their young people are being pushed into crime because 
they cannot legally work or, in many cases, receive aid.

Hasina has vowed to continue the campaign until Bangladesh is freed of the drug 
menace, but critics say it as a sign of her increasingly authoritarian rule 
ahead of the election.

In more than 1/3 of the killings recorded by Dhaka-based human rights group 
Odhikar since mid-May, the suspects were arrested before they were killed.

The government has dismissed accusations of extrajudicial killings, saying the 
crackdown has popular support.

(source: Reuters)

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

Bangladesh court to rule on 2004 blasts targeting PM Hasina



A Bangladesh court will rule on Wednesday in a case in which most of the 
leaders of the main opposition party are accused of plotting to assassinate 
Prime Minister Sheikh Hasina at a public rally 14 years ago, when she herself 
was in opposition.

Among those facing charges is Tarique Rahman who is leading the Bangladesh 
Nationalist Party (BNP) from London while his mother and the former prime 
minister, Khaleda Zia, is jailed in separate graft cases.

The court ruling comes just months ahead of a national election in which Hasina 
will be seeking a 3rd consecutive term in office while the opposition remains 
in disarray.

The case relates to an attack on a public rally organised by Hasina's Awami 
League in the capital, Dhaka, in August 2004 while she was in opposition. 
Minutes into her speech, assailants threw grenades into the rally, killing 24 
and wounding more than 500, most of them party workers.

Hasina escaped injuries. Her party blamed the BNP for mounting the attack that 
occurred while her bitter foe Khaleda was in power.

"The target was Sheikh Hasina and all the leaders of her party," said Motahar 
Hossain, a deputy attorney general. Hossain, who led the prosecution case, said 
he would ask for the death penalty if a guilty verdict is handed down.

The case is likely to further deepen the divisions in country's volatile 
politics. Hasina is already facing criticism of crushing dissent and of putting 
rivals behind bars to strengthen her re-election bid.

"The government is trying to implicate top leaders of the opposition," said 
Khandker Mahbub Hossain, a senior leader of the BNP. "This is nothing but 
political revenge."

Khaleda was jailed in February for 5 years on corruption charges that she 
alleged were part of a plot to hamper her political career.

Her son, Tarique Rahman, was also convicted and sentenced to a 10-year prison 
term, though he now lives in exile in London.

Home Minister Asaduzzaman Khan said police will be on high alert for 
Wednesday's ruling.

"We will deal with anyone disturbing public disorder with an iron hand."

(source: channelnewsasia.com)








MALAYSIA:

Chilean tourists appeal Malaysia death penalty charge----The pair are on trial 
at the high court over the killing of a Malaysian man in the lobby of a Kuala



Defence lawyers for 2 Chilean tourists facing the death penalty in Malaysia for 
murder said on Tuesday (Oct 9) they are seeking a review of the charge, as the 
mother of 1 of the accused pleaded for prayers.

Fernando Candia, a 32-year-old chef, and Felipe Osiadacz, 28, are on trial for 
allegedly killing a Malaysian man in a hotel lobby less than 24 hours after 
they arrived in the country for a holiday on Aug 4 last year.

If found guilty of murder, they face the death penalty which in Malaysia is 
carried out by hanging.

Both men, who are being held in prison, have pleaded not guilty and their 
lawyers claim they acted in self-defence after the Malaysian attacked them 
first.

A defence counsel said Tuesday they have written to the Attorney-General's 
Chambers, Malaysia's chief state prosecutor.

"We have written an appeal letter ... to reconsider the charge against both of 
them," defence counsel R. Alagendra told AFP.

"We are confident the right thing will be done for them," she added.

The court has fixed Oct 24 for the outcome of the appeal.

At least 10 prosecution witnesses have taken the stand so far, including a 
toxicologist who found traces of drugs in the urine and blood of the deceased.

After Tuesday's court hearing, Maritza Olcay, the mother of Candia, said she 
had been praying for her son and appealed for others to pray for him as well.

"I am always praying. I urge all the people to pray for my son," she told 
reporters outside the court as she struggled to hold back tears.

Also present in court was Osiadacz's girlfriend from Belgium who told AFP she 
also longed for his freedom.

"I want to take him home. He has lost some weight but is psychologically 
strong. I really believe the judiciary in Malaysia is fair and just," said the 
girlfriend, who gave her name as Gaelle.

A court official told AFP the prosecutors hope to wrap up the case by November 
with 3 more witnesses remaining, including a policeman and a doctor.

The next hearing is set for 2 days from Nov 14.

(source: channelnewsasia.com)

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

Review Lukman's death penalty for medical marijuana



The recent death penalty handed to a 29-year-old Lukman has caused public 
outrage and triggered robust talks to legalise marijuana for medical use in the 
country.

Lukman was arrested in December 2015 along with his wife during a raid at this 
home for the possession of 3.1 liters of cannabis oil, 279g of compressed 
cannabis, 1.4kg of substance containing tetrahydrocannabinol (THC).

While his wife was released for innocence, Lukman was handed a death sentence 
for possessing, processing and distributing cannabis oil this year.

According to Lukman's lawyer, he reportedly gave this alternate medication to 
approximately 800 people who were suffering from ailments and that Lukman has 
no intention to distribute or deal cannabis on the streets to for consumption 
of the masses.

A petition via Change.org has been created since then in order to seek to 
justice for Lukman.

Malaysia is one of the 53 countries that are still practice the death penalty. 
Under Section 39B of the Dangerous Drugs Act 1952 (DDA), individuals caught 
possessing 200 grams or more of cannabis, will be charged under drug 
trafficking, which carries the death penalty.

While I have came across the news reporting related to medical marijuana in 
other part of the world, but I have not been paying particular attention on the 
case of Lukman, until the day when a journalist friend from The Star alerted me 
the urgency of his case.

As widely reported by The Star, few ministers such as the Water, Land and 
Natural Resources Minister Dr. Xavier Jayakumar and also Prime Minister Tun Dr. 
Mahathir Mohamad have also raised concern on this issue.

Mahathir is quoted of saying that, "It will take a bit of encouragement and 
convincing as far as this topic is concerned My own personal view is that if 
it's got medicinal value, then it can be a controlled item that can be used by 
Ministry of Health for prescription purposes."

Up to today, there remains controversial debate on the rational of legalizing 
medical marijuana. The usage of medical marijuana is a widely debated issue 
across the world. Many might consider it as a taboo topic, especially for those 
who have never been exposed to this marijuana.

Is marijuana helpful for acute pain?

At a recent press conference, for now, the Ministry of Health said that it has 
insufficient data to support the use of cannabis oil to treat patients.

While scientists argue over the quality of the evidence whether medical 
marijuana can actually cure chronic pain and sickness, for the case of Lukman, 
at least for now, the focus is on overturning a death sentence handed to a man 
convicted of possessing, processing and distributing medicinal cannabis oil as 
there is a potential of miscarriage of justice as also highlighted by Permatang 
Pauh Member of Parliament Nurul Izzah.

But here's the thing: despite the law currently prohibiting any form of 
cannabis, there are people who obtain and use it. These individuals are between 
a legal channel and a personal hard decision, that is, either they obey the law 
and physically suffer, or violate the law but to be able to obtain relief from 
their suffers.

The challenge for Malaysia, which still imposes capital punishment for some 
drug trafficking offences, is how to draft new laws that are specific enough to 
differentiate marijuana for medical as opposed to recreational and other uses.

Mahathir has said the matter that has since been labelled, as a miscarriage of 
justice should be reviewed, and if there was ever a time to enact successful 
drug policy reform, now is that time.

Ultimately, the death penalty is wrong because by sentencing someone to death, 
you are basically denying his or her right to life. It is more so in the case 
of Lukman that is caught in between debates over the effectiveness of cannabis 
oil that are widely argued.

(source: Khoo Ying Hooi is Universiti Malaya senior lecturer----malaymail.com)






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

Debt collector receives death penalty for drug distribution



A debt collector was sentenced to the gallows by the Penang High Court today 
after he was found guilty of 2 charges of distributing drugs 3 years ago.

Judicial Commissioner Datuk Abdul Wahab Mohamed made the ruling after the 
defence failed to raise a reasonable doubt.

Abdul Wahab also ordered the accused, Keow Sze Teve, 36, to be sentenced to 16 
years jail and 12 strokes of the rotan for 2 charges of possessing a firearm 
and 2 charges of possessing bullets without a valid licence.

For the drug charges, he was charged with distributing 512.2g and 474g of 
methamphetamine and was charged under Section 39(B) of the Dangerous Drugs Act 
1952, which carries the death sentence upon conviction.

As for the possession of firearms, he was found guilty of possessing a Coughar 
8000 FT and Pietro Gardone VT.

He was also charged for possessing 32 S&B 9X9 12 bullets, 15 S&B 40 S&W bullets 
and 12 RA1 10 Luge 9mm bullets.

All offences were committed about 2am at Jalan Impian Ria, Taman Impian Ria, 
Machang Bubok in Seberang Perai on June 19, 2015.

(source: thesundaily.my)



PAKISTAN:

Pakistan delays ruling on blasphemy death sentence case



Pakistan's Supreme Court postponed its ruling Monday on the final appeal of a 
Christian woman who has been on death row since 2010 after being convicted of 
blasphemy against Islam.

The judicial panel listened to Asia Bibi's defense lawyer challenge statements 
by those who accused her of insulting Islam's prophet, an allegation punishable 
by death that can incite riots in conservative Pakistan.

The 3-judge panel, headed by Pakistan's Chief Justice Mian Saqib Nisar, did not 
say why they reserved their judgment or when they would announce their 
decision. It ordered everyone present to refrain from commenting on the case, 
in an apparent attempt to avoid inflaming public opinion.

The charge against Bibi dates back to a hot day in 2009 when she went to get 
water for her and her fellow farmworkers. 2 Muslim women refused to take a 
drink from a container used by a Christian. A few days later, a mob accused her 
of blasphemy. She was convicted and sentenced to death.

Bibi's lawyer, Saiful Malook, argued that the many contradictions in witnesses' 
statements tainted the evidence. The 2 Muslim women who leveled the charges 
against Bibi denied they were quarrelling with her, saying her outbursts 
against Islam were unprovoked. Yet several independent witnesses who gave 
statements recounted a cantankerous exchange between the women.

The prosecution's case centered mostly on religious texts that vilify those who 
make blasphemous statements.

Ahead of the hearing, Malook expressed optimism that he would win the last 
legal appeal for Bibi. But if not, he planned to seek a review, which could 
take years to complete.

"I am a 100 % sure she will be acquitted," Malook told The Associated Press in 
a telephone interview on the eve of the hearing. "She has a very good case."

He refused to comment at the end of Monday's hearing, citing the judges' 
orders.

Bibi's case has generated international outrage, but within Pakistan it has 
fired up radical Islamists, who use the blasphemy law to rally supporters and 
intimidate mainstream political parties.

Even defending Bibi in court is dangerous.

"I have lost my health. I am a high blood pressure patient, my privacy is 
totally lost. You have to be in hiding," her lawyer said ahead of the hearing. 
Everyone on his tree-lined street knows his identity, he said. "They look at 
this house and they know this is the home of a person who can be killed at any 
time by angry mullahs."

Police provide round-the-clock security around Malook's home, in the city of 
Lahore.

Members of Pakistan's religious minorities have campaigned against the law, 
which they say is invoked to justify attacks on them. For them, Bibi's case is 
seen as a watershed. Her husband recently traveled to the Vatican to meet Pope 
Francis.

Joseph Francis, an activist for Pakistan's Christians, said he currently is 
aiding 120 Christians facing blasphemy charges. His organization, Center for 
Legal Aid Assistance and Settlement, provides legal aid as well as finding a 
safe haven for Christians who are targeted even after being cleared of 
blasphemy allegations.

"This law is misused and it is not only misused against Christians but also 
against Muslims," he said.

France, Spain and Germany have all offered to welcome Bibi should she be 
acquitted, said Francis, who said he will help secret her out of the country.

But Khadim Hussein Rizvi, the leader of a radical Islamist party, warned after 
the postponement that "no blasphemer will be able to escape punishment.

In 2011, Salman Taseer, the governor of Punjab province, was shot and killed by 
one of his elite guards for defending Bibi and criticizing misuse of the 
blasphemy law. Malook prosecuted his killer, Mumtaz Qadri, who was hanged for 
his crime.

Qadri has since become a martyr to millions, who make a pilgrimage to a shrine 
erected in his name by his family outside the capital, Islamabad. His 
supporters have called for the immediate killing of anyone accused of 
blasphemy.

Pakistan's newly elected government is led by Prime Minister Imran Khan, a 
former cricket star who has embraced religious conservatism and bowed to some 
of the demands of radical Islamists. Last month, a member of his government 
offered prayers at Qadri's shrine, drawing outrage from rights activists.



An unprecedented number of religious parties participated in the July elections 
that put Khan in power. As in previous elections, they garnered less than 10 % 
of the popular vote, but they have allies among all the major parties.

According to the U.S. Commission on International Religious Freedom, 71 
countries have blasphemy laws - around 1/4 of them are in the Middle East and 
North Africa and around 1/5 are European countries, though enforcement and 
punishment varies.

Pakistan is one of the most ferocious enforcers.

At least 1,472 people were charged under Pakistan's blasphemy laws between 1987 
and 2016, according to statistics collected by the Center for Social Justice, a 
Lahore-based group. Of those, 730 were Muslims, 501 were Ahmadis - a sect 
reviled by mainstream Muslims as heretical - while 205 were Christians and 26 
were Hindus. The center said it didn't know the religion of the final 10 
because they were killed by vigilantes before they could get their day in 
court.

While Pakistan's law carries the death penalty for blasphemy and offenders have 
been sentenced to death, so far no one has ever been executed.

(source: Associated Press)




IRAN:

Iran's judiciary requests death sentences against 17 striking truckers in 
Qazvin



Iran's judiciary has requested death sentences for 17 striking truckers for 
taking part in a nationwide strike, the state media reported on October 8. The 
state-run IRNA news agency quoted the head of the Qazvin Court as saying, "The 
judiciary will without any tolerance deal with those who disrupt the security 
of drivers and also those who intend to take advantage (of the strike) and 
create insecurity."

In a meeting in Qazvin, Mohsen Karami added that truck drivers' problems "would 
not be solved with strikes".

"In the past few weeks, we witnessed a number of people attacking truck drivers 
in the province", he said in reference to truck drivers who were trying to 
prevent other drivers from breaking the strike.

"We have apprehended 17 of these people and they have been handed over the 
Judiciary for legal processing," the head of Qazvin Court added. He said that 
they had requested the capital punishment and that if it was proven that they 
were "moharebs", enemies of God, they would be sentenced to heavy punishments 
such as death.

The truck drivers' nationwide strike has continued into the third consecutive 
week, the regime’s judiciary officials and Revolutionary Guards (IRGC) are 
continuously resorting to threats of arrests and executions.

In his remarks aired by the state TV on September 29, the attorney general 
Mohammad Ali Montazeri threatened strikers to "severe punishments and 
executions," saying, "Based on our information, there are individuals seen in 
various paths of some cities, provoking truck drivers and causing problems for 
them during their commuting. These individuals will be considered criminals and 
thieves, and they will be punished according to the law. In some cases, it will 
lead to their execution."

Ali Alqasi-Mehr, judiciary chief in Fars Province of south-central Iran, 
accused the protesting truck drivers of "corruption on earth."

Mohammad Sharafi, a high ranking state-police official, also resorted to 
voicing serious threats against the truck drivers, according to state-TV.

On Thursday, a road and transportation official of Fars Province ridiculously 
claimed the truck drivers’ strike is nothing but rumors.

"There have been rumors for the past few days, spread in various outlets and 
social media, claiming truck drivers are on strike. This is nothing but 
dissidents taking advantage of the drivers' needs in order to create a crisis 
in our country and their methods are quite obvious for all Iranians," the 
official said as cited by the state-run Fars news agency.

IRGC Colonel Kavos Mohammadi, a police force deputy of the Fars provincial, 
described the protesting truck drivers as "disrupters of order."

"Following the disrupting acts of some of these people on the roads of Fars 
Province... 22 thugs and disrupters of public order were arrested and, after 
filing a case, they were sent to judiciary authorities and eventually placed 
behind bars. Police will deal with sensitivity and vigilance with the smallest 
insecurity factors in coordination with the judiciary, and the process of 
confronting with disrupters of order and road security in Fars Province will 
continue on a daily basis. The police monitor and control all the roads in this 
province and resolutely deal with all individuals disrupting order and security 
in these areas," he added in remarks wired by the state-run IRNA news agency.

Iranian regime has taken various measures to intimidate striking truck drivers 
into quitting the strike which has crippled Iran's transportation 
activities.Human rights sources say that more than 300 truckers have been 
detained all over Iran during the 16-day strike which has spread to more than 
300 cities and all of Iran's 31 provinces.

Regime officials also acknowledged the arrest of truckers. The head of Fars 
province judiciary announced the arrest of 35 drivers and the head of Isfahan 
judiciary announced the arrest of 13 drivers. The commander of police of 
Khorasan Razavi province announced the arrest of 77 people on the roads in 
Khorasan Razavi, Izeh and Hamedan, police commander of Lorestan province 
announced the arrest of 12 "disturbers", and state media reported the arrest of 
20 protest truckers in the province of Alborz, 25 in the Qazvin province, 12 in 
Kermanshah and 6 in the Chaharmahal va Bakhtiari, 5 in Zanjan, 2 in Kangan, 3 
truckers in Bukan, 3 in Tehran, and 4 truckers In Nahavand.

All of the country's 31 provinces have witnessed truckers strike during the 
past weeks, protesting low paychecks, skyrocketing prices for spare parts and 
tires, and authorities refusing to respond to the truckers' righteous demands. 
This strike, despite all the obstacles, has been able to continue in the face 
of numerous threats and plots launched by Iranian regime authorities. The 
truckers were specifically seen continuing their strike in the cities of 
Shiraz, Bushehr, Isfahan, Assad Abad, Borujen, Kashan, Khorramabad, Tehran, 
Bandar Abbas, Malayer, Saveh, Yazd, Mobarakeh, Fouladshahr, Zanjan and Hamedan.

(source: Iran Human Rights)

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

She Was a Teenage Victim of Domestic Violence and Rape. She Sought Help. This 
Week, Iran Executed Her



"Child bride." "Criminal." "Juvenile offender." These are some of the many 
labels assigned to Zeinab Sekaanvand during her far too short life. Sekaanvand, 
who was executed on Tuesday in Urumieh prison in Iran's West Azerbaijan 
province, was rarely seen for who she really was: a vulnerable young woman 
trapped in a cycle of violence and sexual abuse since childhood.

Sekaanvand, who was 24 when she was hanged, had spent almost 1/3 of her life in 
detention. In February 2012, she was arrested and put on trial over the murder 
of her husband, a crime that took place when she was 17 years old. She had 
reported being raped by her brother-in-law and tortured by police after her 
arrest.

What’s especially chilling about Sekaanvand’s case is the number of points at 
which the Iranian authorities could have intervened to help her. Sekaanvand 
reported the abuse she suffered. She spoke out, yet she was ignored.

It's a scenario that is all too familiar to many women and girls. But because 
Sekaanvand lived in Iran, her story took an even darker turn.

There are many more like Sekaavand in Iran - which is one of the world's last 
countries to execute "juvenile offenders." At least 88 people who were under 
the age of 18 at the time of the crime are currently on death row, some of whom 
have been languishing there for over a decade. In particular, Zeinab's case 
echoes that of Fatemeh Salbehi, who was executed in 2015 at the age of 23 for 
the murder of her husband, whom she had been forced to marry when she was 16.

Looking closer, Sekaavand's case reads like a textbook explainer of the myriad 
ways the Iranian justice system stacks the odds against women.

Born in northwest Iran into an impoverished and culturally conservative Iranian 
Kurdish family, Sekaanvand was 15 years old when she ran away from home to 
marry a man called Hossein Sarmadi. Zeinab had said she saw the marriage as her 
only opportunity for a better life. But her new husband was violent, and the 
relationship quickly became physically and verbally abusive.

Sekaanvand requested a divorce on more than one occasion but her husband 
refused. In Iran, the legal system's deeply-entrenched discrimination against 
women and girls often prevents them from getting a divorce, even if they are 
subjected to domestic violence.

Although Sekaanvand registered several complaints about her husband's violent 
abuse with the police, they repeatedly ignored her pleas for help and failed to 
launch an investigation against him.

Desperate, Sekaanvand tried to return to her parents, but they had disowned her 
for running away. She said that, meanwhile, Hossein's brother was regularly 
raping her.

Still a child, she was under the power of 2 violent and abusive men, and no one 
would help her.

In February 2012, Sekaanvand was arrested for the murder of her husband. She 
was denied access to a lawyer and said she was tortured and beaten by police 
officers during questioning. It is under these circumstances that Sekaanvand 
"confessed" to stabbing her husband.

It was only at her final court hearing, 3 years after her arrest, that the 
authorities provided her with a lawyer. At this point, she retracted her 
"confession," telling the judge that her husband's brother - her alleged rapist 
- had committed the murder.

Sekaanvand said in court that her brother-in-law had told her that, if she 
accepted responsibility, he would pardon her. Under Iranian law, murder 
victims' relatives have the power to pardon the offender and accept financial 
compensation instead.

But rather than request further investigations, the authorities dismissed 
Sekaanvand's statement - convicting and sentencing her to death by hanging.

Sekaanvand's trauma did not end there. In 2015, while in Urumieh prison, 
Sekaanvand became pregnant after marrying a male prisoner. Her child was 
stillborn in September 2015. Doctors said her baby had died in her womb 2 days 
earlier due to shock - around the same time that Sekaanvand's cellmate and 
closest friend had been executed. The authorities forced Sekaanvand to go back 
to prison the day after the stillbirth and did not provide her with any 
postnatal care or psycho-social support.

Before she was executed this week, the authorities carried out a pregnancy test 
on Sekaanvand. When it came back negative, they took it as a green light to 
execute her.

Sekaanvand's life was defined by a legal system which brazenly disadvantages 
women. A system which sets the age of criminal responsibility at 9 years for 
girls and 15 for boys - and the legal age of marriage for girls at 13. It does 
not criminalize rape of a woman by her husband.

It violently imposes the abusive, discriminatory and degrading practice of 
forced hijab (veiling) on women and young girls and then jails the ones who 
campaign against it.

It's a system where a woman's testimony is worth less than a man's. That's why 
no one in power listened to Sekaanvand's story. They chose to end it instead.

(source: Amnesty International)








BOTSWANA:

DITSHWANELO statement on World Day Against the Death Penalty 2018



The Botswana Centre for Human Rights joins the rest of the world to commemorate 
the 16th Annual World Day Against the Death Penalty 2018. The theme this year 
is "Living Conditions on Death Row".

First recognised in 2003, this day focuses on the use of the death penalty 
around the world, raises awareness about the death penalty and related issues. 
DITSHWANELO, together with other human rights organisations around the world, 
remains opposed to the use of the death penalty.

DITSHWANELO reiterates its appeal to our nation to reflect deeply on the 
country’s founding principles of unity and botho, and what they mean in our 
daily lives. They are essential to our identity, as Batswana. We should 
remember to always uphold them, irrespective of our individual social and 
economic circumstances.

Botho, forms the basis of our acknowledgement of respect for all people and of 
the dignity inherent in our shared humanity. Humility has always guided and 
continues to positively impact human relations in our society. It has also 
enabled appreciation of the efforts and effects of every person’s actions in 
our society. Unity has always been enabled by the spirit of community and 
consideration of others. These principles reflect an understanding of the 
possibility of erroneous behaviour and actions by fellow human beings, who are 
imprisoned after fair trials who may reform their behaviour.

DITSHWANELO condemns all violations of human rights and crime in all of its 
forms. We encourage collective responsibility as a nation, to taking action in 
relation to socio-economic factors which impede our ability to fully exercise 
and enjoy human rights.

DITSHWANELO calls on the Government of Botswana to institute a moratorium while 
continuing to seek alternatives to the death penalty as a form of punishment. 
Forty-two (42) African countries no longer carry out the death penalty. 
Botswana remains the only country in our SADC Region which continues to do so. 
We reiterate our call for the eventual abolition of the death penalty in 
Botswana.

We believe that it is the responsibility of every Motswana to contribute to the 
developing of a Botswana which fully respects the right of all people to live a 
dignified life, without the death penalty. Dealing with the root cause of crime 
through the responsive socio-economic framework for sustainable development for 
all is a critical foundation for every Motswana to live life with and in 
dignity.

(source: mmegi.bw)








ISRAEL:

Slain soldier's family demanding death penalty, boycott IDF court----The 
family's lawyer, former IDF West Bank chief prosecutor Maurice Hirsch, said 
that the call for capital punishment was intended to deter further attacks on 
soldiers.



The family of St.-Sgt. Ronen Lubarsky, a commando in the elite counterterrorism 
Duvdevan unit killed in May by Islam Yusuf Abu Hamid during an IDF operation to 
arrest suspected terrorists in al-Am'ari refugee camp near Ramallah, announced 
Monday that it will boycott the trial taking place in the Judea Military Court 
because the court has refused to consider the death penalty for the attacker.

Standing outside the court, Lubarsky's family said that the court's decision 
not consider the death penalty was "an embarrassment and a disgrace."

The family has accused "the judicial establishment of putting itself above the 
political establishment," and noted that in private meetings with Prime 
Minister Benjamin Netanyahu, the IDF Military Advocate General and other top 
defense officials, they were told no complete ban is in place against the death 
penalty.

The family’s lawyer, former IDF West Bank chief prosecutor Maurice Hirsch, said 
that the call for capital punishment was intended to deter further attacks on 
soldiers.

Hirsch added Netanyahu expressed surprise that the IDF prosecution was not 
seeking the death penalty and that, after meeting with him, the family had 
expected the court to be more open to the idea.

During Monday's hearing, Abu Hamid pleaded not guilty of murdering Lubarsky.

Earlier, Deputy Defense Minister Eli Ben Dahan and Science and Technology 
Minister Ofir Akunis both issued statements favoring capital punishment for 
him.

Yisrael Beytenu party leader Avigdor Liberman has championed capital punishment 
for Palestinian terrorists for years. To date, Netanyahu has publicly sided 
with the legal establishment's blanket opposition to the death penalty.

In July, the IDF West Bank prosecution filed an indictment for murder against 
Abu Hamid for murdering Lubarsky.

Israel will continue to bring to justice anyone who attacks or tries to attack 
Israeli civilians or IDF soldiers, Netanyahu said following Abu Hamid's arrest 
in mid-June.

"A Duvdevan soldier is the one who was killed, and Duvdevan is the unit that 
apprehended the terrorist," Netanyahu said.

Lubarsky, from Rehovot, was seriously wounded when a marble slab was dropped on 
his head during an operation to arrest a terrorist cell involved in recent 
shooting attacks. The soldier, who was part of the operation's covering force, 
received initial emergency medical attention in the field. Transferred to 
intensive care at Hadassah University Medical Center in Jerusalem's Ein Kerem, 
he succumbed to his wounds 2 days later.

(source: Jerusalem Post)