[Deathpenalty] death penalty news----worldwide

Rick Halperin rhalperi at smu.edu
Wed Jan 23 08:54:53 CST 2019





January 23




ZAMBIA:

The European Union has contributed €100,000 to support the campaign towards 
abolition of death penalty in Zambia implemented by the Human Rights 
Commission.



The funding is approximately K1,358,841.

According to a statement, the nation-wide campaign which started this week aims 
at increasing public understanding, appreciation and support towards abolishing 
death penalty both in practice and in law in Zambia.

And the EU stated that it had a long-standing relationship and cooperation with 
civil society organisations and had recognised their importance as partners in 
democracy, inclusive growth and sustainable development processes.

“In Zambia, the European Union decided in 2018 to contribute to this EU 
commitment towards civil society by enhancing the role and capacity of CSOs as 
actors in the promotion of governance and accountability interventions at local 
and national levels, and by promoting inclusive sustainable growth through 
skills development in favour of incarcerated populations and strengthening 
community response systems for their reintegration,” it stated.

It stated that a call for proposals was launched in 2018 under the “Civil 
Society and Local Authorities” budget line with two key priorities: the citizen 
engagement in deepening democracy and the re-integration of inmates in 
correctional facilities.

The EU stated that 6 projects were eventually contracted for €3.8 million.

The EU named the organisations and project as Alliance for Community Action who 
partners with Caritas Zambia under the project Ask Project! Growing civil 
society and citizen ability to demand public resource accountability, Mansa 
District Land Alliance who partners with People in Need under the project 
Strengthening citizen action to improve democratic governance in Luapula and 
Western provinces, Centro Laici Italiani per le Missioni Associazione (CeLIM) 
partnering with Prisoners Future Foundation under the project Abilitation and 
Reintegration of Offenders for a Sustainable Growth, Voluntary Service Overseas 
(VSO) with Chreso Ministries under the Zambia Inmate Skills Training for 
Successful Reintegration (ZISSR) project, Development Aid From People To People 
In Zambia (DAPP) with partners PANOS Institute Southern Africa under the 
Incarcerated Populations Rights to a Productive Future is their Human Right 
project and the Undikumbukire Project Zambia (UP) with partner Build It Zambia 
under the Rise again: Supporting juveniles in conflict with the law for a 
successful reintegration into society project.

The EU stated that a direct award was also given to the United Nations High 
Commissioner for Refugees (UNHCR) for the support to refugees from the 
Democratic Republic of Congo and host communities at Mantapala Settlement in 
Nchelenge District of Luapula Province.

It stated that €1 million would be channelled through civil society 
organisations that would provide a substantial support to the people in need in 
the education and water and sanitation sectors.

(source: themastonline.com)








SRI LANKA:

Sri Lankan president reiterates decision to impose death penalty on drug 
traffickers



Sri Lankan President Maithripala Sirisena has reiterated the government's 
decision to impose the death penalty on drug traffickers, a government 
statement said Wednesday.

Sirisena said although certain organizations had raised their voices against 
the government's decision, these organizations had failed to assess the damage 
and trauma caused to the nation if drug traffickers were left to continue the 
illegal activities.

He said he would soon release information to the drug dealers and the parties 
behind them.

Sri Lanka's cabinet of ministers had taken a collective decision in July last 
year, to impose the death sentence considering the recent rise in drug-related 
murders and a large number of drug imports planned by drug traffickers who have 
been jailed.

The government said the island country had become a transit point for major 
drug cartels as a consequence of the prolonged illicit activities of the Tamil 
Tiger rebels, who were defeated by government troops in May 2009 following a 
30-year civil conflict.

On Tuesday, the Police Special Task Force and Anti Narcotics Unit busted an 
international drug smuggling ring in capital Colombo, arresting five suspects 
along with 90 kg of heroin.

(source: xinhaunet.com)








SCOTLAND:

University to host death penalty forum



Hannah Cox, the National Manager of Conservatives Concerned About the Death 
Penalty, will be the main speaker at 6 p.m. during a QEP Forum on Jan. 28 at 
Campbellsville University.

Cox will be discussing the conservative case against capital punishment.

“I am one of an increasing number of conservative Christians who have changed 
our views on the death penalty because we want to be consistent in our ethic of 
life – that life is precious from its beginning to its natural end,” Cox said. 
“We also have come to realize that the lives of many innocent people have been 
put at risk by the death penalty.”

Since 1973, more than 160 people have been freed from death rows in American 
due to their wrongful convictions, including one person sentenced to death in 
Kentucky.

Cox will also share why the death penalty violates the conservative principles 
of limited government and “fiscal” responsibility.

The forum will take place from 6-7:30 p.m. in the Badgett Academic Support 
Center Banquet Hall, at 110 University Drive in Campbellsville.

For more information, contact Jon Crane at email joncrane at criticalpr.com.

To learn more about Conservatives Concerned About the Death Penalty, go to 
www.conservativesconcerned.org.

(source: glasgowdailytimes.com)








IRAN----executions

Executions: Man Hanged at Ahvaz Prison



A prisoner was executed at Sepidar Prison in the Iranian southern city of Ahvaz 
(Ahwaz).

According to IHR sources, on the morning of Tuesday, January 22, 2019, a man 
identified as Rahman Jasemi Zargani was executed at Sepidar (also known as 
Qods) prison in Ahvaz.

Rahman was married with 2 children. He was arrested for murdering one of his 
relatives 9 years ago.

Karim Dahimi, an Ahvazi human rights activist, told IHR, “Rahman 
unintentionally killed his cousin who was also his wife’s brother. Elder 
members of their family tried to win the consent of plaintiffs for 9 years, but 
they failed to do so and the verdict was carried out.”

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.

The Iranian media outlets have not published news related to the execution so 
far.

(source: Iran Human Rights)








IRAQ:

Iraq scientist on death row claims he successfully helped ISIS develop chemical 
weapons



An Iraqi scientist says he worked with ISIS, led its successful effort to 
obtain chemical weapons in 2014 and claims the terror group continues to seek 
for such weapons.

Suleiman al-Afari, an Iraqi geologist, started working for ISIS after the group 
seized Mosul in Iraq during the peak of the group’s activities in the region 
and began asking the remaining civil service workers to work for them.

TEXAS MAN WHO JOINED ISIS WANTED TO 'SEE WHAT THE GROUP WAS ABOUT'

But the man, who worked at Iraq’s Ministry of Industry and Minerals, was 
surprised after Islamic State militants, instead of letting him keep the same 
job, offered a new role: help the group make chemical weapons, the Washington 
Post reported.

“They didn’t force anyone,” Afari said in an interview. “I was afraid that I 
would lose my job. Government jobs are hard to get, and it was important to 
hang on to it.”

Afari went on to accept the proposed new role and worked for 15 months 
supervising the project to manufacture chemical weapons for the terror group.

He told the newspaper that he took the position because ISIS then became the 
government and everyone wanted to work to get paid. “Do I regret it? I don’t 
know if I’d use that word,” he said.

HACKERS SPREAD ISIS PROPAGANDA BY HIJACKING DORMANT TWITTER ACCOUNTS

The scientist is now facing the death penalty in Iraq as one of the few alive 
individuals associated with the group’s chemical weapons program.

He detailed the terror group’s successful effort to manufacture sulfur mustard, 
a chemical weapon used during the World War I, which was part of a broad 
attempt to equip the militants with chemical weapons that could be deployed to 
defend the territory and attack its enemies.

According to the Post, the scientist’s description of the plans was confirmed 
by U.S. and Kurdish officials who worked to destroy the insurgents’ weapon 
plants. U.S. and Iraqi officials also said that weapons created by ISIS were 
actually used in multiple attacks on soldiers and civilians in Iraq and Syria.

While the chemical weapons program appears to have stalled since 2016 after the 
U.S. and its allies in the region pushed back against the ever- encroaching 
jihadists, the threat of such weapons production remains as some of the deadly 
materials were hidden or even moved outside the country.

The know-how provided by Afari and other scientists also still remains, 
allowing the surviving ISIS militants to continue the work.

(source: Fox News)




MALAYSIA:

'Death sentence possible under drugs law, even if judge unconvinced'



DAP's Bukit Gelugor MP Ramkarpal Singh said today that the government, in 
mulling the abolition of the death penalty, should first consider a legal 
technicality in the Dangerous Drugs Act 1952 (DDA).

This technicality, Ramkarpal pointed out, could see judges send an accused to 
the gallows without being convinced of his or her guilt.

"Under the DDA, various presumptions are prescribed and are to be mandatorily 
applied upon proof of certain basic facts.

"So for instance, if drugs are found in a person’s bag, he is presumed to have 
knowledge of it even though that bag may have been packed by someone else.

"In such a scenario, the burden shifts to the accused, who has to rebut such 
presumption on a higher burden of proof compared to the usual raising of a mere 
reasonable doubt," he said in a statement.

Ramkarpal said such presumptions are easily triggered, after which the judge 
has no alternative but to presume the accused had knowledge of the drug.

"This basically results in a judge being forced to make certain findings which 
he might not necessarily believe in.

"Imposing such restrictions on judges by the imposition of such presumptions is 
dangerous, as a person may be sent to the gallows for a drug-related offence 
although the judge might not necessarily be convinced of his guilt," he said.

Life and death

The DAP lawmaker said judges should not be rigidly tied to the legislation and 
be allowed to make decisions, especially when it comes to a matter of life and 
death for the accused.

"When the life of an accused person is at stake, the judge should be given the 
freedom to decide if the prosecution has proven its case beyond reasonable 
doubt.

"It is hoped that the government considers this factor when considering the 
abolishment of the death penalty in drug cases."

Ramparkal said this was one factor to consider in the debate on the death 
penalty, on top of the fact that many who are sent to the gallows for 
drug-related offences are mules rather than kingpins, as pointed out by law 
professor Azmi Sharom.

"Often the ones sentenced to death are not the syndicate chiefs, but the mules.

"In this world, there will always be people who are desperate, people who are 
stupid, or people whose minds are easily influenced to become drug mules," he 
had said.

According to Deputy Defence Minister Liew Chin Tong, a cabinet paper on the 
death penalty stated that as of last October, approximately 72 percent, or 932 
individuals were on death row for convictions under Section 39B of the DDA.

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

MCA activists badger Kit Siang on death penalty abolition



A group of MCA activists were engaged in a noisy confrontation today after 
attempting to approach DAP veteran Lim Kit Siang while the latter was 
campaigning.

The drama unfolded at about 8am at a coffee shop in Kampung Raja, where Lim was 
supposed to meet voters.

Coincidentally, several MCA members had set up a booth outside to solicit 
signatures for a petition against the abolition of the death penalty.

Upon seeing Lim enter the coffee shop, the MCA activists – led by Indera 
Mahkota division head Quek Tai Seong and Pahang Youth vice-chief Wong Tze 
Shiang – made their approach, demanding that the DAP veteran state his stand on 
the death penalty.

A group of Harapan supporters, led by Pahang DAP leader Leong Ngah Ngah, tried 
to prevent the MCA duo from getting near Lim.

Undeterred, Quek shouted slogans against the abolition of capital punishment, 
and demanded that Lim state his stand. The Harapan supporters retorted with 
chants of "Gong Xi Fa Cai."

The standoff lasted about 10 minutes before the MCA duo gave up and left the 
premises.

'Petition is apolitical'

Quek told Malaysiakini later that the petition had nothing to do with MCA, as 
it was an initiative driven by him and his fellow party members. He also 
pointed out that he was not in party uniform.

"Our movement has nothing to do with MCA, although there is a strong perception 
that I am from MCA.

"If the new government proposes any good policy, I will support it. But for the 
abolition of capital punishment, I will strongly oppose it," he said.

Quek insisted that he wanted to seek Lim's support for the campaign, but that 
he faced physical intimidation from Harapan supporters when attempting to do 
so.

When asked to comment on the incident, Tanah Rata assemblyperson Chiong Yoke 
Kong, who witnessed the incident, replied curtly: "Everyone knows that they are 
from MCA, the truth will prevail in the end."

The federal government is currently working towards abolishing certain laws 
which contain death penalty clauses.

(source for both: malaysiakini.com)








PAKISTAN:

Nearly 200 cases of Christians on blasphemy charges



There are nearly 200 cases of Christians in Pakistan charged with blasphemy - 
the controversial law made famous by Asia Bibi.

Father James Channon, director of the Peace Center in Lahore, which promotes 
inter-faith relations, said research by the Catholic Church had revealed 187 
live cases of Christians charged with blasphemy which in Pakistan can carry 
sentences of life imprisonment or death.

Added to this figure is the case of Asia Bibi, whose death penalty conviction 
for blasphemy was overturned last October by Pakistan's Supreme Court, a 
decision which created headlines around the world.

Speaking in an interview with Aid to the Church in Need, Father Channon said: 
"Even now, after her acquittal, she is anything but safe.

"Radical Islamists are trying to find her so they can kill her. That is why she 
is currently under state protection."

He highlighted the suffering experienced by so many people accused of 
blasphemy, irrespective of the outcome of their cases. The priest said: "The 
blasphemy law destroys the lives of those who have been accused, even if they 
avoid being executed."

He added: "Any time Christians are accused of supposed blasphemy, all 
Christians in the region are indicted with them. "This often leads to acts of 
violence against Christians."

Among the 187 current cases, he highlighted that of married couple Shafqat 
Masih and Shagufta Bibi, on death row on charges of sending blasphemous text 
messages.

He said: "Their prospects are very weak. Even should they be acquitted, they 
and their children will no longer be able to live in Pakistan. Fanatic Muslims 
will try to kill them."

Father Channon went on to praise the work of Aid to the Church in Need, which 
priorities help for Pakistan Christians, such as building churches, training 
catechists, providing Child's Bibles and other Christian literature, support 
for religious Sisters, priests and seminarians.

The priest especially stressed ACN's work to promote inter-faith relations in a 
country where Christians number 3.85 million - two percent in a country with a 
186.5 million Muslim population and ongoing militant activity by extremists.

He said: "The support provided by ACN plays a crucial role in ensuring that the 
Church in Pakistan can continue to proclaim the faith and promote a dialogue. 
The assistance has allowed us to build many bridges between Christians and 
Muslims."

(source: indcatholicnews.com)








SAUDI ARABIA::

Kozhikode youth may be exempted from capital punishment



Abdu Raheem of Feroke in Kozhikode who is awaiting death penalty in Saudi 
Arabia may be released from jail soon. He was imprisoned 13 years ago in 
connection with the death of his sponsor’s son.

Malayali community volunteers said that he may be released as the family of the 
boy pardoned the offender. The court here would pronounce the blood money 
(diya), which would range between SR 3 and 5 lakh, said Raheem’s lawyer Ali 
AlMisfer.

Raheem was working as driver at his sponsor’s house at Hayyul Mansoura in the 
Saudi capital. He also had to look after his sponsor’s son Anas, who was 
mentally disabled. The incident happened on December 24, 2006 when Raheem 
accidentally touched a feeding device implanted on Anas. The boy fainted and 
later died at Shumaisi hospital.

A committee, which was formed to help Raheem, will raise the fund required for 
blood money and legal services. Indian diplomatic mission also intervened in 
the matter.

Kerala’s brand ambassador to leave for UK

Anil Nautiyal, Kerala’s ambassador at the Indian embassy here, will leave the 
Kingdom to join the Indian High commission in London. He is appointed as 
welfare consul at India’s diplomatic mission in the UK.

(source: Times of India)








JAPAN:

Story of Iwao Hakamada, boxer who spent 48 years on death row, to become manga 
series



The story of Iwao Hakamada, a former professional boxer and death-row inmate, 
82, who continues to battle to clear his name over a 1966 quadruple murder, 
will be adapted into a manga series, supporters of the convict announced 
Wednesday.

Hakamada was sentenced to hang in 1968 by the Shizuoka District Court, but was 
freed in March 2014 after nearly 48 years in prison on death row. Much of that 
time was spent awaiting his retrial, which has yet to be held.

But a group of Hakamada’s supporters who believe the former boxer is innocent 
want to retell the events in his case in the form of a manga, to convey his 
side of the story to younger generations.

To better portray the atmosphere and circumstances surrounding Hakamada’s 
arrest and his trial, the supporters are working with a manga artist from 
Shizuoka Prefecture.

Shigemi Mori, 30, who shares Hakamada’s experience as a professional boxer, 
will create the series. In his younger years Mori lived in Shimizu, an area 
that is now part of the city of Shizuoka and is also where the 1966 murder 
occurred.

“I want to tell people how sloppily the investigation was conducted and what 
Hakamada’s life has been like, in as understandable a way as possible,” Mori 
said Wednesday at a news conference in Tokyo.

He said he learned about Hakamada’s case as a junior high school student and 
then-aspiring boxing apprentice, and started questioning the trial that put 
Hakamada behind bars.

Mori said he believes Hakamada is innocent. Nonetheless, he also said that he 
is keen to not “coerce readers to accept the supporters’ opinions, and to 
convey what really happened around Hakamada.”

The manga will be released in 6 episodes under the title “Split Decision,” with 
the 1st episode scheduled for publication on Feb. 15. Eight-page episodes will 
be published at jpbox.jp/hakamada2.html on the same day of every month.

Those behind the project also plan to translate the series into English and 
make it available via YouTube to reach a global audience. “I like the title,” 
Hakamada’s elder sister Hideko said at the news conference. Conceived by Mori, 
the title is a winning criterion used in boxing matches in which two of three 
judges pick a different winner than the 3rd judge.

The title also reflects supporters’ criticism of the “unfair” decision in which 
Hakamada was sentenced to death by a 2:1 majority. The courts’ decisions were 
split over DNA tests on bloodstained clothing found near the murder victims.

“I promised to do everything I can (to prove Iwao’s innocence) and I did,” 
Hideko said. She lamented, however, that her efforts to convey her plea have 
gone unheard.

“It won’t help anything if I tell his story, so I want to convey it through 
manga,” Hideko said.

Hakamada was a live-in employee at a soybean processing firm in Shizuoka when 
he was arrested in August 1966 for robbery and the murder of the firm’s senior 
managing director, his wife and two children. The police found their bodies 
with fatal stab wounds at their fire-damaged home.

Hakamada initially confessed to the charges, but changed his plea at trial.

The Shizuoka District Court found Hakamada guilty and sentenced him to death in 
1968. The sentence was finalized by the Supreme Court in 1980.

Hakamada and his family have long sought retrials, to no avail. But a new 
development came in 2014 when the district court accepted DNA test results 
undermining the prosecution’s claim that Hakamada’s blood had been detected on 
clothing found at the crime scene. The court noted that the evidence could have 
been fabricated by police.

Then, last June, the Tokyo High Court overturned the lower court’s ruling 
granting the retrial, questioning the credibility of the DNA analysis method. 
Hakamada’s lawyers are planning to appeal that decision to the Supreme Court.

Hakamada’s case has gained international attention as the former boxer remains 
the world’s longest-serving death row inmate.

Japan’s capital punishment system has also been criticized internationally as 
inhumane.

Hideaki Nakagawa, director of human rights advocacy group Amnesty International 
Japan, who was present at the news conference, believes the manga will and 
should spark debate regarding capital punishment among the public.

As of January, 110 inmates were awaiting execution and 86 of them are seeking 
retrials, according to the Justice Ministry.

“The Justice Ministry says the death penalty system reflects public opinion and 
enjoys support from the public, but it’s misleading,” he said. “Some people 
already protest against it … and (the manga) could be thought-provoking for 
others, too, and could impact public perception.”

(source: Japan Times)








INDIA:

Murder of 6: Allahabad HC confirms Death Penalty based on Circumstantial 
Evidence



The Allahabad High Court has recently upheld the death penalty awarded to a 
person convicted for the murder of his brother’s entire family of 6 over 
property dispute. The prosecution had built its case on the basis of 
circumstantial evidence as there were no eye witnesses to the incident.

The judgment was pronounced by Justices Sudhir Agarwal and Om Prakash in a 
reference under Section 366 of Criminal Procedure Code, 1973, assailing the 
trial court order which had awarded death penalty to the Accused-Appellant for 
the murder of 6.

The incident which took place on the intervening night of May 8-9, 2012, 
pertained to the killing of 6 family members by the Accused-Appellant. The 
following day, the Accused-Appellant was arrested and the blood-stained clothes 
worn by him were also recovered. The Prosecution not only recovered the weapon 
used for murder, i.e. an axe but also proved the motive behind the murder. The 
medical evidence adduced by the prosecution also pointed towards death caused 
by cutting the neck of all deceased persons by the weapon.

Stating that the best evidence which could be available in the facts and 
circumstances of the case were proved by the prosecution, the Court observed,

“Circumstances established by prosecution are firm, cogent and believable. 
Chain of events are completed and linked with each other. There is no chance of 
false implication of accused-appellant. All circumstances including motive and 
previous conduct of accused-appellant as well as recovery of weapon “axe” said 
to have been made on his pointing out cumulatively point towards the guilt of 
accused-appellant.”

Thus, on the basis of evidence available on record, the Court stated that “one 
and only one hypothesis” could be drawn – that the Accused-Appellant along with 
his companions committed the offence.

The Court also rejected the objection raised by the Amicus Curiae on 
non-compliance with Section 313 of CrPC.

Relying on numerous case laws in the issue, the Court concluded that although 
the trial court is under a legal obligation to put incriminating circumstances 
before the accused to solicit his response, any omission to put any material 
circumstance to the accused does not ipso facto vitiate trial. The accused must 
show prejudice and miscarriage of justice to vitiate the prosecution’s case, it 
further stated.

Since, the mandatory provisions of Section 313 CrPC were “followed literally” 
in the case, the Court observed that the objection could not be accepted.

Further observing that “no prosecution case is free from shortcomings”, the 
Court stated that certain omissions/laches on part of the Investigating Officer 
and Arresting Officer, which do not go to the root of the case, do not affect 
the prosecution case.

“As regards laches occurred on part of the Investigating Officer is concerned, 
the Arresting Officer has not specified in the arrest memo whether after taking 
possession of clothes worn by accused-appellant Gambhir Singh, he was offered 
other clothes or not. Investigating Officer also did not procure independent 
witnesses at the time of recovery.. It may be mentioned that since no 
prosecution case is free from shortcomings, therefore, recovery on the ground 
that it is not supported by any independent evidence cannot be disbelieved.”

While confirming the death penalty imposed on the Accused-Appellant, the Court 
balanced the mitigating and aggravating factors in the case. While the 
‘extremely brutal, grotesque, diabolical, revolting and dastardly manner’ of 
the crime, exceptional depravity, cold-blooded nature of murder without 
provocation etc. were the aggravating factors considered by the Court, age of 
the convict, chance of reformation, his village background etc. were the 
mitigating circumstances.

Concluding that the present case qualified to be in the category of “rarest of 
rare” case, the Court stated that the Accused-Appellant committed the crime “in 
a really shocking manner showing depravity of mind” and thus “the aggravating 
circumstances outweigh the mitigating circumstances by all canons of logic and 
punishment of life imprisonment would neither serve the ends of justice nor 
will be an appropriate punishment.”

“We are also clearly of the view that accused-appellant is a menace to the 
society and there is no chance of his rehabilitation or reformation and no 
leniency in imposing punishment is called for”, it further observed.

It thus decreed,

“.. we are of the view that Trial Court has rightly held guilty to 
accused-appellant for committing offence under Sections 302/34, 404 IPC. 
Finding of Trial Court about the guilt of accused-appellant for aforesaid 
offences is based on correct appreciation of facts and evidence which needs no 
interference by this Court.”

State was represented by Additional Government Advocate Syed Ali Murtaza and 
Advocate Hitesh Pachori.

Advocates Brijesh Sahai and Dharmendra Singh were the Amicus Curiae.

(source: barandbench.com)






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