[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

January 12





TUNISIA:

Tunisia convicts dozens of jihadists over teen beheading----The murder was 
claimed by the Tunisian branch of the Islamic State group



A Tunisian court has convicted dozens of jihadists over the 2015 murder of a 
teenage shepherd, but the vast majority remain on the run, a prosecution 
spokesman said Wednesday.

Mabrouk Soltani, 17, was beheaded as his sheep grazed on Mount Mghilla in 
central west Tunisia.

The details of the murder sparked outrage, with the victim's cousin forced to 
watch and carry his head to the family home.

A total of 49 people were convicted on Tuesday over the murder, including 45 in 
absentia, the prosecutor's spokesman Sofiene Sliti said.

4 were sentenced to death, 1 of whom is in custody, while the others were 
sentenced to between 15 and 36 years in prison.

Tunisian courts continue to issue death sentences despite no executions being 
carried out since 1991.

Those convicted over Soltani's killing were prosecuted under Tunisia's 2015 
anti-terror legislation.

The murder was claimed by the Tunisian branch of the Islamic State group, Jund 
al-Khilafa, in a video which showed the killing.

Two years later, Soltani's brother Khalifa was abducted and killed in the same 
area, in an attack also claimed by IS.

The mountainous area near the Algerian border is also a stronghold of the 
Al-Qaeda-linked Okba Ibn Nafaa Battalion.

Since its 2011 revolution, Tunisia has experienced an increase in jihadist 
attacks that have killed dozens of members of the security forces and at least 
59 foreign tourists.

The country has been under a state of emergency since November 2015, when an 
IS-claimed suicide bombing in Tunis killed 12 presidential guards.

(source: alaraby.co.uk)








SAUDI ARABIA:

U.S. lawyers "paying attention" as female Saudi activist Israa al-Ghomgham due 
in court



Female human rights activist Israa al-Ghomgham could become the f1st woman ever 
sentenced to death for nonviolent protest in Saudi Arabia on Sunday in a case 
human rights lawyers say "may well constitute multiple violations of 
international human rights law."

Al-Ghomgham is 1 of 6 Saudi human rights defenders standing trial at the 
country's infamous Specialized Criminal Court, five of whom are facing possible 
death sentences. The court has a history of unfair trials resulting in 
executions.

Saudi Arabia's crackdown on dissent is attracting fresh attention following the 
killing of Saudi journalist Jamal Khashoggi late last year.

Al-Ghomgham has been in detention since 2015, when she was arrested for 
activism related to fighting discrimination against Saudi Arabia's Shiite 
Muslim minority.

She is charged with things including chanting "we shall not be humiliated," and 
"we demand penalties for those who fired bullets," according to a brief on the 
case written by international human rights lawyer Oliver Windridge, which was 
circulated by the American Bar Association Center for Human Rights on Friday.

Saudi Arabia's Specialized Criminal Court was created to hear terrorism cases, 
but Windridge says "its focus appears to have moved from terrorist suspects to 
human rights defenders and anti-government protesters." Violations of 
international human rights law?

In his brief, Windridge lays out three ways in which the prosecution's 
indictment against al-Ghomgham may violate international law:

First, he points out that the prosecution is relying on confessions from all 6 
of the accused. Saudi Arabia has a history of relying on confessions made after 
alleged torture. Torture is banned under international law, and any allegations 
of it are required to be investigated.

Second, Windridge points out the non-serious nature of the crimes the accused 
are charged with, for which the prosecution is seeking the death sentence in 
five cases. Windridge says the non-violent crimes fall "well short" of the 
standard required to make the death penalty acceptable under international law.

Third, Windridge points out that many of the slogans the accused are charged 
with chanting, such as "we demand the annulment of capital punishment 
sentences," are benign and would, "even if proved to be true… fall well within 
permitted forms of expression under international human rights law."

International attention

In an email, the American Bar Association Center for Human Rights said it 
hoped, "to make it known that the international community is closely monitoring 
this situation and is paying attention to the outcome of (al-Ghomgham's) case."

"In my view, the specialized criminal court continues, in all these cases, to 
violate international human rights law," Windridge told CBS News.

The 6 activists, including al-Ghomgham, are due to appear in court on Sunday, 
January 13.

(source: CBS News)








MALAYSIA:

Minister wants death penalty abolished despite family tragedy



De facto law minister Datuk Liew Vui Keong demonstrated that he remains a 
strong supporter of the abolition of the death penalty despite experiencing a 
heart-wrenching family loss in the hands of a murderer about 40 years ago.

He said his cousin’s murderer has yet to be brought to justice but he has 
managed to move on years after learning that his cousin had been murdered when 
they were both 17.

(source: thestar.com.my)








PAKISTAN:

Should Pakistan abolish capital punishment?



In the latest development, a district and sessions court in Lahore on Friday 
set the execution of Khizar Hayat, a death-row prisoner, on January 15. But 
soon after the issuance of Hayat’s black warrant, several print media outlets 
started bashing the judicial system of Pakistan for its inability to protect 
mentally ill people.

According to media reports, Mr. Hayat killed his colleague in 2001 and was 
later on the awarded death penalty. He appealed before the superior courts but 
his punishment was maintained at all forums. Meanwhile, he was diagnosed with 
paranoid schizophrenia in 2008. His death penalty was postponed many times to 
determine how to deal with the criminals suffering from paranoid schizophrenia.

To ensure, smooth social functional, it is important to develop a discourse 
first and then materialize the change.

The court has now rejected him any leverage on the basis of his claimed mental 
illness. He is scheduled to be hanged on the 15th Jan. It is not for the 1st 
time that national and international media along with NGOs and INGOs are 
protesting against the death penalty of a murderer in Pakistan. A few years 
ago, Shafqat Hussain, 24, who killed a kid and demanded money from his parents, 
was awarded the death penalty and his appeals were rejected at all forums.

A campaign was initiated and a deliberate controversy was created over the 
issue of his age. Media claimed Hussain to be a juvenile but the authorities in 
Pakistan maintained that he was 24 when he killed the child. Following the 
police interrogation, Shafqat not only confessed to his inhuman act but also 
took the police to the drain where he had discarded the child’s body.

According to the police record, the killer was admitted to the Central Prison 
Karachi on May 31, 2004. At the time of his arrest, the killer was 23 years of 
age. Because of his confessional statement and the relevant evidence, the 
Anti-Terrorism Court No III Karachi awarded him death on September 1, 2004. 
Analysts opine that western-funded NGOs create controversies over the question 
of age and mental stability only to malign criminal justice system of Pakistan.

According to media reports, Mr. Hayat killed his colleague in 2001 and was 
later on the awarded death penalty. It is further said that the ultimate goal 
is to oppose the death penalty. As a matter of fact, Pakistan put a ban on the 
death penalty in 2008 and lifted it after a tragic incident of Peshawar Army 
Public School. The question of the death penalty is often debated in Pakistan. 
Prominent anchorperson Dr. Moeed Pirzada argues that “the death penalty needs 
to be debated and rationalized in Pakistan.

At the country’s creation in 1947, ‘death’ was awarded for only 2 counts. Now 
it’s 27.” Dr. Moeed argues that countries which have abolished death penalty 
did so in an evolutionary process. He offers an interesting background that 
China, for instance, saw a brief period of abolition in the 8th century, 
Russian Bolsheviks banned the death penalty in 1917; in modern Europe, the 
Netherlands abolished capital punishment in peace times in 1878 but during 
wartimes from 1945 to 1952, many war prisoners were sentenced to death.

In the UK– a European country of much relevance to Pakistan– Sir Samuel Romilly 
had started the process of reduction in the death penalty in 1808. But the 
Royal Commission on Capital Punishment 1864-66 could not decide to abolish the 
death penalty though it did away with public executions. In 1938 a 
parliamentary bill was to be debated for an experimental 5-year suspension but 
then the climate and feelings generated by the beginning of Second World War 
made it impossible.

Analysts opine that western-funded NGOs create controversies over the question 
of age and mental stability only to malign criminal justice system of Pakistan. 
In 1949, once Nuremberg trials [a series of 13 trials carried out in Nuremberg, 
Germany, between 1945 and 1949 for the purpose of bringing Nazi war criminals 
to justice] were out of the way, another Royal Commission on Capital Punishment 
examined the matter but advised against abolishment. Finally, in 1965 a 5-year 
moratorium was placed on experimental basis almost 160 years after Romilly had 
started to reform the punishment.

In almost every European country, abolishment followed a similarly intense 
debate, reform of the system and adjustment of the defense of life and property 
through other parallel enactments. Dr. Pirzada laments that in Pakistan no 
public debate was initiated and a ban was imposed which created more 
challenges; for instance, the increase in crime rate.

Experts opine that Pakistan needs to have a debate over the abolishment of 
death penalty but it must not ban it at the outset; as in doing so, it is 
highly likely that people will never hesitate to take the law into their hands. 
To ensure, smooth social functional, it is important to develop a discourse 
first and then materialize the change.

(source: Global Village Space)








BELARUS:

EU Calls On Belarus To Abolish Death Penalty After Latest Sentencing



The European External Action Service has called on Belarus to abolish capital 
punishment, 2 days after Belarusian authorities pronounced their latest death 
sentence in the country.

In a January 11 statement, the European Union service said that it "learned 
about another death penalty sentence pronounced by the Mahileu Regional Court 
to Alyaksandr Asipovich" on January 9.

The EU service called on Minsk to impose a less severe punishment in that case 
and against other prisoners on death row.

"The European Union expresses sincere condolences to the families and friends 
of the victims," the statement said. "Meanwhile, the EU clearly stands against 
death penalty use in any circumstances. Death penalty is not a factor to 
decrease crimes, and mistakes inevitable in any justice system become 
irreversible if capital punishment is practiced."

The statement called on Belarusian officials to introduce a moratorium on the 
death penalty as the 1st step to abolish it.

The 36-year-old Asipovich was convicted and sentenced on January 9 for the 
murder of 2 women in the eastern city of Babruysk.

Belarus has drawn criticism from rights activists and EU nations as the only 
European country that executes prisoners.

For years, the EU has urged Belarus to join other countries in declaring a 
moratorium on the death penalty.

According to rights organizations, more than 400 people have been sentenced to 
death in Belarus since it gained independence following the collapse of the 
Soviet Union in 1991.

Human rights groups say Belarus carried out 1 execution in November and 2 
executions in May last year.

(source: Radio Free Europe / Radio Liberty)