[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

August 21



UGANDA:

Uganda abolishes mandatory death penalty



Parliament in Uganda has passed a law that abolishes the mandatory death 
penalty for certain crimes, amending four different laws that had earlier 
prescribed capital punishment, including the Anti-Terrorism Act.

If approved by President Yoweri Museveni, the amendments will restrict the 
death penalty to just the most serious of crimes, only at the judge's 
discretion.

Legislators say it is a step towards the complete abolition of capital 
punishment, something for which courts have previously voiced support.

There are 133 inmates on death row and no-one has been executed in the last 20 
years.

There has been a campaign to end capital punishment, following a 2009 court 
ruling in favour of then death row inmate Susan Kigula, who had argued that the 
death sentence was unconstitutional.

The court then ruled that the death penalty should not be mandatory in cases of 
murder, and that a condemned person should not be kept on death row 
indefinitely - if a convict was not executed within 3 years, the sentence be 
automatically turned into life imprisonment.

(source: theeastafrican.co.ke)








BANGLADESH:

Aug 21 attack: AL will go to Supreme Court for death to Tarique Rahman



Awami League will go to the top court to seek BNP acting chief Tarique Rahman’s 
maximum punishment in connection with Aug 21 grenade attack case.

“He is the mastermind of the attack. We’ll definitely submit a writ petition to 
the Supreme Court to seek highest punishment for him,” said Awami League 
General Secretary Obaidul Quader responding to a question at an event in Dhaka 
on Wednesday.

The event was organised to mark the 15th anniversary of August 21 grenade 
attack at the meeting venue of Awami League. A total of 24 people were killed 
and many others injured when a series of grenades ripped through the meeting of 
the party, then in opposition, on Bangabandhu Avenue on Aug 21, 2004.

“Harkatul Jihad chief Mufti Abdul Hannan in a confessional statement said that 
they carried out the attack under the direction of Tarique Rahman. So, the 
mastermind behind the attack should get the capital punishment.”

Quader added that the political relationship between BNP-Jamaat and the ruling 
party has been ruined forever after the Aug 15, 1975 assassination of 
Bangabandhu and the Aug 21, 2004 grenade attack.

Expressing hope that the Aug 21 killings will be tried like Aug 15, he said, 
“The killings have been tried in the court. But we’re preparing the paper-book 
for the August 21 grenade attack cases and the hearings on death references 
will begin.”

On Oct 10, 2018, a Dhaka court sentenced 19 people to death and Tarique Rahman 
along with 18 others to life imprisonment in two cases over the grenade attack.

(source: bdnews24.com)








PHILIPPINES:

Lacson pushes treaty to help Filipino convicts abroad----‘Transfer of Sentenced 
Persons’ to give convicts option to serve time in their home country



Senator Panfilo Lacson on Monday, August 19, called for the Department of 
Foreign Affairs (DFA) to pursue more Transfer of Sentenced Persons agreements 
with other countries, pointing out the efforts of the government to help 
Filipino drug convicts abroad while it is “killing people” in the Philippines.

“How do you reconcile [the fact that] here in our country we’re killing people 
and then we’re saving drug convicts detained in another country. I’m just 
curious,” Lacson asked Foreign Affairs Secretary Teodoro Locsin Jr. during the 
hearing of the Senate foreign affairs relations committee.

“Going back to the repatriation of Filipino convicts, maybe you should pursue 
more Transfer of Sentenced Persons treaties, just like what we have with Spain. 
I’m just wondering if they would agree to be transferred to Muntinlupa [that 
is, the New Bilibid Prison] from where they are being detained abroad,” he 
added.

According to the Treaty on the Transfer of Sentenced Persons, individuals tried 
and convicted in a foreign country would have the option to serve their time 
remaining their sentence in their home country.

Lacson’s statement came following the data released by the DFA during the 
meeting that showed that most Filipinos overseas were detained due to drug 
charges.

Normally, the DFA offers financial and legal aid to Filipinos abroad through 
the assistance to nationals (ATN) or the legal assistance fund (LAF).

DFA Undersecretary for Migrant Workers’ Affairs Sarah Lou Arriola said P1 
billion is allotted for the ATN while the LAF has a P200 million budget.

She added that the DFA has spent P483 million, or 48%, of its ATN fund and P81 
million, 41%, of its LAF from January to July 2019.

Arriola also noted that overseas Filipinos on death row due to conviction in 
drug cases had been provided with lawyers “since the inception of the case.”

“It’s just that many of them are drug mules or some of them, like in the case 
in Mexico we have constructive possession of drugs in a ship, but we make 
representations with the countries of destination that we ask for due process 
and speedy resolution of the case,” she explained.

Filipinos 1st, convicts 2nd

In response to Lacson’s question, Locsin said: “Frankly, I used to wonder about 
that. That’s why I continue to support the abolition of death penalty because I 
cannot see how, now that we abolished it, if we restore it, how can we appeal 
if we feel that there is a possibility of miscarriage of?justice in a foreign 
country.”

“How can we appeal for mercy or a commutation of sentence? That’s a completely 
unresolved issue as far as I’m concerned,” he added.

Senator Aquilino Pimentel III, for his part, said it does not mean that 
Filipinos who violated another country’s laws should not be punished.

“We are not saying that they [Filipino convicts abroad] should not be punished, 
but since they are our nationals, we take care of them, we monitor how they are 
treated, we look at their condition. So is that a way to rationalize?” said the 
chair of the Senate foreign relations committee.

“Cause we will never ask a foreign country, do not punish our countryman who is 
involved in drugs because we also will jail him here if he violates our loss. 
But when you incarcerate him and you punish him, we should be allowed to take a 
look and pay a visit to our countryman and look at his condition or situation,” 
he added.

Lacson noted that a possible justification for the DFA effort to assist 
convicts overseas is that the government will treat them as Filipinos 1st and 
convicts 2nd.

“If our intention is to really take care of our own nationals, it would be 
better if they were here. So maybe in coordination with hose foreign countries, 
we can pursue that path,” he said.

(soruce: Asian Journal Press)








MALAYSIA:

Murder: Man to die after Apex Court dismisses motion



The Federal Court, Tuesday, dismissed a 53-year-old man’s notice of motion to 
review the Federal Court’s decision five years ago in convicting him of murder 
and sentenced to death.

Chief Justices Dato’ Seri Utama Tengku Maimun Tuan Mat together with Tan Sri 
Azahar Mohamed, Dato’ Rohana Yusuf, Dato’ Abang Iskandar Abang Hashim and Tan 
Sri Idrus Harun unanimously dismissed Vetus Juani’s application after hearing 
submissions from all parties.

Tengku Maimun held that there were no special circumstances which warrant them 
to review the decision of the Federal Court.

“On our part, we have read the appeal records cum judgement of the High Court, 
the Court of Appeal and also the submissions of the parties. “We find no 
miscarriage of justice in this case. We are also of the view that there was no 
contravention of Article 5 and 8 of the Federal Constitution as argued by the 
counsel.

“As a matter of facts and practice, in giving its decision, the Federal Court 
will always gave oral reasons although not necessarily written grounds of 
judgement. In the circumstances, the application is dismissed,” held the apex 
court.

Vetus was originally charged in the Tawau High Court for murder under Section 
302 of the Penal Code but the said court had on July 8, 2011 reduced the charge 
at the end of his defence to manslaughter and was sentenced to 16 years’ jail 
after he pleaded guilty.

The prosecution’s appeal against the decision was dismissed by the Court of 
Appeal on July 17, 2013.

However, the Federal Court on Nov 26, 2014, set aside the decision of the High 
Court and the Court of Appeal and substituted the finding of guilt and 
conviction under Section 304(a) of the Penal Code by the 2 lower courts with a 
conviction of murder under Section 302 of the Penal Code and sentenced Vetus to 
death.

(source: dailyexpress.com.my)




MALAWI:

Malawi goes eye for an eye against albino killers



The death sentences meted out on 4 people in as many months is anticipated to 
deter criminals from killing people with albinism in Malawi.

Malawi is feared as one of the most hostile countries in the Southern African 
Development Community (SADC) region for albinos globally as waves of attacks 
spiral out of control.

False myth that body parts of people with albinism bring luck and wealth fuel 
the attacks.

A court in the western town of Mchinji has sentenced to death 2 men and a woman 
for the murder of an albino man in 2015.

Douglas Mwale, Fontino Folosani and Sophie Jere were found guilty of killing 
Priscott Pepuzani. The trio chopped off his limbs and buried the rest of the 
body in a garden.

They were also guilty of possessing human body parts.

Delivering the capital punishment, Judge Esmey Chombo, said “The sentence will 
act as a strong deterrent to others and help bring an end to the crime.”

In May, a man was sentenced to death for killing a teenager with albinism in 
the southern town of Thyolo in 2017.

Willard Mikaele, aged 28 at the time of the murder, was convicted for killing 
Mphatso Pensulo (19). The Association of Persons with Albinism in Malawi (APAM) 
welcomed the death sentences.

“The stiff punishments surely will deter all would-be offenders. In doing so, 
cases of albino killings in the country will be a history,” Overstone Kondowe, 
the APAM director, said.

At least 22 albinos have been killed in 163 attacks over the past 5 years in 
Malawi.

(source: cajnewsafrica.com)








INDIA:

Bihar court blast case: Death penalty for 1, life sentence for 7----Lambu 
Sharma tried to escape prison with the help of a suicide bomber



A court in Bihar's Bhojpur district on Tuesday gave death sentence to a man and 
life imprisonment to seven others in connection with the 2015 Ara civil court 
bomb blast case.

Additional District and Sessions Judge Tribhuwan Yadav gave capital sentence to 
Lambu Sharma after holding him guilty under various sections of IPC including 
302 (murder), 307 (Attempt to murder), 326 (voluntarily causing grievous hurt), 
353 (Assault public servant from discharge of his duty) and under some sections 
of Explosive Substance Act.

The court also imposed a fine of Rs 22,000 on Sharma.

The 7 sentenced to life imprisonment were Chand Miyan, Naeem Miyan, Akhilesh 
Upadhyaya, Rinku Yadav, Pramod Singh, Shyam Vinay Sharma and Anshu Kumar.

The judge held them guilty under IPC section 302 (murder).

The court imposed a fine of Rs 42,000 on Akhilesh Upadhyaya and Rs 40,000 on 
the other six convicted persons.

The court on August 17 had convicted the eight persons in the civil court bomb 
blast and acquitted former JD(U) MLA Narendra Kumar Pandey alias Sunil Pandey 
along with 2 others — Sanjay Sonar and Vijay Sharma — for lack of evidence.

On January 23, 2015, a woman, identified as Nagina Devi, had come to the court 
premises as a suicide bomber with a design to set notorious criminal, Lambu 
Sharma, free from custody.

As the prison van reached the court premises, the woman triggered a blast. 
Taking advantage of the blast, Sharma, along with Upadhyaya and one other 
person managed to flee.

The woman died on the spot, while a police constable, Amit Kumar, succumbed to 
his injuries.M

The police had filed a charge sheet against 11 persons, including Pandey and 
had produced 39 witnesses in the case. Lambu was re-captured and arrested later 
that year.

Pandey is currently in the Lok Janshakti Party (LJP). Chand Miyan surrendered 
in the court on Tuesday as he did not appear in the court on August 17. The 
court had issued a warrant against him and had also ordered attachment of his 
properties for not appearing before it on August 17.

(source: theweek.in)








IRAN----executions

Man Hanged in Shiraz



A man was executed at Shiraz prison for murder charges Sunday.

According to IHR sources, a man was hanged at Shiraz prison (known as 
Adel-Abad) for murder charged on August 18, 2019.

IHR can confirm his identity as Amin Zanganeh. The Execution is not announced 
by the Iranian authorities so far.

Sources told IHR that Amin was in prison for four years before his execution 
was carried out.

At least 110 people were executed in Iran in the first half of 2019; Only 37 of 
the executions have been announced by authorities or Iranian media. Iran Human 
Rights (IHR) could confirm 73 more through its sources. IHR only reports the 
unannounced executions if it could confirm those with two separate credible 
sources. Therefore, the actual number of executions may be even higher than 
reported.

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

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

Man Hanged in Isfahan



A prisoner was executed at the prison of Najafabad city, Isfahan province, 
Thursday.

According to IHR sources, on the morning of Thursday, August 15, a man was 
executed at the prison of Najafabad city, Isfahan province. He was identified 
by IHR as Hashem Mardoudi, 36, from the northern city of Lahijan.

“Hashem was arrested five years ago for killing a man. His family tried their 
best to win the plaintiffs’ consent but they failed. The victim’s family 
refused to accept diya (blood money) and insisted on qisas (retribution in 
kind),” a well-informed source told IHR.

According to the Iranian Islamic Penal Code (IPC) murder is punishable by qisas 
which means “retribution in kind” or retaliation. In this way, the State 
effectively puts the responsibility of the death sentence for murder on the 
shoulders of the victim’s family. In qisas cases, the plaintiff has the 
possibility to forgive or demand diya (blood money). In many cases, the 
victim's family are encouraged to put the rope is around the prisoner's neck 
and even carry out the actual execution by pulling off the chair the prisoner 
is standing on.

(source for both: Iran Human Rights)

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

Iran's Zarif says will see if scientist's death sentence can be delayed



Iranian Foreign Minister Mohammad Javad Zarif said on Wednesday Tehran "will do 
its best" to see if the death sentence on Swedish-Iranian scientist Ahmadreza 
Djalali can be delayed.

Djalali, a medical doctor and lecturer at the Karolinska Institute in the 
Swedish capital, was arrested in Iran in April 2016 and later convicted of 
espionage, having been accused of providing information to Israel to help it 
assassinate several senior nuclear scientists.

Iran’s Supreme Court upheld the death sentence in December 2017 and Tehran 
prosecutor Abbas Jafari Dolatabadi said Djalali had confessed to meeting agents 
of Israeli intelligence agency Mossad to deliver information on Iran’s nuclear 
and defense plans and personnel.

"We will do our best on humanitarian grounds to see if the sentence on Mr. 
Djalali can be delayed, but he has been accused of multiple capital crimes... 
and he has been convicted of them," Zarif said in response to a reporter's 
question after giving a lecture at the Stockholm International Peace Research 
Institute during a visit to Sweden.

"In Iran the judiciary is independent," Zarif added. "Today two members of the 
Iranian cabinet are being tried by our judiciary. That shows you how 
independent the judiciary is from our executive."

Sweden granted citizenship to Djalali in February 2018. Its foreign ministry 
said it has requested access to Djalali and has called for the death penalty 
not to be implemented.

Djalali had been on a business trip to Iran when he was arrested and sent to 
prison. Human rights campaigner Amnesty International has said he was held in 
solitary confinement for three months and tortured.

(source: Reuters)