[Deathpenalty] death penalty news----worldwide
Rick Halperin
rhalperi at smu.edu
Fri Jul 12 09:23:11 CDT 2019
July 12
YEMEN:
UN 'alarmed' at death sentences given by Yemen rebel court
The United Nations said Friday it was "alarmed" at death sentences given by a
court run by Yemen's Huthi rebels to 30 academics, trade unionists and
preachers for alleged spying.
"The UN Human Rights Office has received credible information suggesting that
many of those convicted were subjected to arbitrary or unlawful detention, as
well as torture," rights office spokeswoman Ravina Shamdasani told reporters.
Those condemned were accused of spying for the Saudi-led coalition, which
intervened in Yemen in March 2015, shortly after the Iran-backed Huthis seized
the capital Sanaa.
Shamdasani noted the group will likely appeal to a higher court, which is also
under Huthi control. The rights office urged the appeals court to consider "the
serious allegations of torture and other ill-treatment, and of violations of
the fair trial and due process rights of the convicted people," Shamdasani
said.
The Huthis have been accused by rights groups of using Sanaa's courts to target
opponents and critics.
Yemen's conflict has killed tens of thousands of people, many of them
civilians, relief agencies say, and left millions displaced and in need of aid.
(source:al-monitor.com)
IRAN----execution
Man Hanged at Zanjan Prison
A man hanged at Zanjan prison for murder charges last Monday.
According to IHR sources, on the morning of Monday, July 8, a man was hanged at
Zanjan prison. He is identified by IHR sources as Mostafa Shiri, 42, a resident
of the Iranian city of Marand. Mr Shiri was sentenced to death for murder
charges and spent 5 years in prison before his execution.
His execution is not announced by Iranian media or authorities so far.
According to the Iran Human Rights statistic department, at least 273 people
were executed in Iran in 2018. At least 188 of them executed for murder
charges.
(source: Iran Human Rights)
MOROCCO:
Imlil murders : The trial adjourned until a final hearing on July 18th
The trial of the 24 suspects involved in the murder of 2 Scandinavian tourists
in the Atlas Mountains, Imlil, was adjourned until a final hearing on July 18.
The Court decided to devote the next hearing to the final say of the suspects
and the closing of the proceedings.
The suspects, including a man with Swiss and Spanish nationalities, are
standing trial over the charges of "setting up a gang to prepare and commit
terrorist acts, deliberately putting the life of people in danger, possession
of firearms and attempted manufacture of explosives in violation of the law, as
part of a collective project aimed at seriously undermining public order."
As part of investigations carried out following the discovery of the dead
bodies of 2 foreign tourists in the town of Imlil, the central Bureau for
judicial investigations (BCIJ), under the directorate general for national
territory surveillance, announced that it had arrested several suspects, in
collaboration with the Royal Gendarmerie and the National Police.
During the hearing held Thursday in Sale, the mother of 1 of the 2 victims
Helle Petersen said in a letter read by her lawyer that "was destroyed the
moment that 2 policemen came to [her] door on December 17th to announce [her]
daughter's death."
In her letter, the mother said that "the most just thing would be to give these
beasts the death penalty they deserve, I ask that of you", AFP reports.
During the last hearing, Moroccan prosecutor in the Sale Appeal court sought
death sentence for the three main suspects, accused of murdering 2 Scandinavian
tourists.
The prosecutor demanded life imprisonment for the fourth suspect, who said that
he was not with the 3 men on the day of the attack. He also demanded sentences
ranging from 10 to 30 years in prison 20 other suspects tried in the case.
For the record, 2 of the main suspects admitted in a previous hearing that they
beheaded Louisa Vesterager Jespersen, 24, from Denmark, and Maren Ueland, 28,
from Norway while a 3rd one said that he filmed the act.
(source: en.yabiladi.com)
PAPUA NEW GUINEA:
Papua New Guinea Massacre Doesn’t Justify Death Penalty----Thorough, Impartial
Investigation into Killings Needed
On July 8, gunmen in Papua New Guinea (PNG) killed at least 16 people during
tribal fighting in Munima and Karia villages in the country’s Hela province.
Reports indicate at least 8 women and 5 children were among the victims. Health
workers told local media that “it was difficult to identify the bodies because
they were all chopped to pieces.” PNG police said the massacre was in
retaliation for the killing of 6 people in an ambush on July 6.
The killings occurred in the electorate of newly appointed Prime Minister James
Marape.
In an emotional Facebook post, Marape threatened to “come after” the
perpetrators with the death penalty. He expressed frustration at the inadequate
police presence in the area and suggested that lack of resources were partly
responsible: “How can a province of 400,000 people function with policing law
and order with under 60 policemen?”
The PNG government reinstated the death penalty in 2013 and there currently are
16 people on death row. Of the 16, the national court sentenced 8 to death last
year for their involvement in sorcery-related killings. Last week, Marape
responded to questions about prisoners who have been on death row for over 10
years, saying that parliament will continue to debate whether the death penalty
should remain in the criminal code. While there have been no known executions
in PNG since 1954, Marape’s calls for the death penalty as punishment for the
July 8 crimes is deeply concerning.
Tribal violence is common in Papua New Guinea and disproportionately affects
women and children. Oxfam research from 2010 found that “insecurity and
violence pervade all aspects of daily life in Hela, undermining all types of
development in the region.” Hela is a province rich in gas reserves, which has
led to tensions over the distribution of revenues.
These attacks are abhorrent, but the death penalty is not the answer. The
United Nations General Assembly has continually called on countries to
establish a moratorium on the death penalty with a view toward its eventual
abolition. Human Rights Watch opposes the death penalty in all circumstances as
an irreversible, degrading, and cruel punishment.
The Marape government should focus on conducting a thorough and impartial
investigation and prosecuting those responsible. Ensuring a robust legal system
in which suspects receive a fair trial is the best way to bring justice to the
victims.
(source: Human Rights Watch)
PAKISTAN:
8 Christian prisoners of conscience on death row in Pakistan
At least 8 Christians remain on death row in Pakistan after being convicted
under Islamic law of “blasphemy”.
No Christians have been executed for “blasphemy”, but many of them have been
languishing in prison for years, according to statistics provided by CLAAS
(Centre for Legal Aid, Assistance and Settlement), which is supported by
Barnabas Fund.
Christian mother-of-five Aasia Bibi was released after spending eight years on
death row when the Supreme Court acquitted her on 31 October 2018, but it
remains uncertain if her release was a “landmark ruling” that will improve the
plight of Pakistan’s Christian minority – around 2% of the population, or about
4 million.
The court freed Aasia Bibi because of flimsy and contradictory evidence, while
simultaneously confirming that those who break the “blasphemy” law should be
punished.
On 1 May 2019, police declared Christian Farhan Aziz innocent of "blasphemy"
and released him after nine months in custody. At the time of Farhan’s arrest,
an angry mob armed with steel rods and petrol cans congregated in a Christian
area of Gujranwala, but police intervened to prevent an attack on Christians’
homes.
Pakistan is a country where the mere accusation of “blasphemy” against Muhammad
is enough to incite a vigilante killing by a mob of angry Muslims. If a
Christian is not lynched, then he or she can find themselves arrested and
charged with “defiling the name” of Muhammad, a crime under section 295-C of
the Pakistan Penal Code that carries a mandatory death penalty.
Christians are often falsely accused of “blasphemy” by Muslims and the
superiority given to a Muslim’s testimony compared to a non-Muslim makes it
difficult for Christians to receive justice.
(source: Barnabas Fund)
*******************
Ex-senator for national debate on death penalty
Former senator Farhatullah Babar on Thursday called for a wider, rational
national debate on death penalty involving all strata of society.
He said this while speaking at the launch of a book, Death Penalty in Pakistan,
by the Justice Project Pakistan at a local hotel.
He said while the world was moving towards abolishing death penalty, in
Pakistan the number of crimes carrying death penalty had increased.
He said the rich got away by misapplication of Qisas and Diyat law.
“A former CJP set out to build dams and used suo motu powers to enlarge his own
power base instead of protecting the rights of the convicts on death rows.”
Mr Babar said Quran stressed mercy and forgiveness instead of retribution.
He recalled that at a conference in Amman about 2 years ago an Egyptian scholar
had remarked that the Quranic injunction, “In just retribution there is life
for you” was a subtle suggestion that ‘Qisas’ was protection and advancement of
life of society and not revenge.
EU Ambassador Jean Francois Cautain, parliamentary secretary for law and
justice MNA Maleeha Bokhari, child rights activist Valerie Khan and Arshad, a
former death row prisoner, also spoke at the book launch.
(source: dawn.com)
BANGLADESH:
Raushon Ershad demands death penalty for child abuse, rape
Deputy Leader of the opposition in parliament, Raushon Ershad, demanded the
government to introduce capital punishment for those involved in child rape and
violence against women.
She made the comment in the parliament in her speech during the closing of the
budget session on Thursday.
“Torture, abuse, and rape against women and children have seen marked increase
in the country which needs to be checked," she said, adding that the accused
should be given tougher punishment.
She said children are no longer safe anywhere, including in schools and
madrasas. "It is a very shameful and regrettable matter that a student like
Nusrat was killed," she added, reports BSS.
"The law should be enforced properly to give direct death sentence to such
offenders for ensuring the safety of children," she said.
Raushan urged both the law minister and the home minister to take necessary
steps for the proper enforcement of law against rapists.
(source: Dhaka Tribune)
JAPAN:
70 yrs on, struggle for exoneration in Mitaka case continues
Kenichiro Takeuchi has gone through numerous hardships as the son of a death
row inmate who was convicted of a mysterious fatal train accident in chaotic
postwar Japan.
Leading a life of obscurity and changing jobs nearly a dozen times, Takeuchi,
76, still lives with the dream of his father being exonerated posthumously for
what he believes was a wrongful conviction.
His father, Keisuke, a labor union member and former train driver of the
now-defunct Japanese National Railways, was sentenced to death for sabotaging a
train at Mitaka Station in Tokyo on the evening of July 15, 1949, killing 6
people and injuring 20 others.
However, he proclaimed his innocence, despite initially confessing he was
behind the crash.
"I've never opened up about my father to my colleagues...I have developed a
gloomy character," Takeuchi said in a recent interview with Kyodo News at his
home in the suburbs of Tokyo about what famously became known as the Mitaka
Incident.
While seeking a retrial to be exonerated, his father died of a brain tumor in
prison in 1967 at the age of 45.
"I was told that the death of my father closed the case. But I felt so sorry
for him being convicted for something he never did," Kenichiro said.
The case was revived more than 40 years later when a lawyer, Shoji Takamizawa,
visited Kenichiro in 2009.
Takamizawa, 77, had examined judicial records of the Mitaka Incident that
convinced him of Takeuchi's innocence, and he strongly urged the son to seek a
retrial on behalf of his father.
"I was glad that Mr. Takamizawa visited me, as I couldn't have done anything
for my father by myself, other than waiting for something to happen. I thought
I finally found a small ray of hope," said Kenichiro, who on the advice of
Takamizawa filed an appeal for a retrial with the Tokyo High Court in 2011.
Prior to the 70th anniversary of the Mitaka Incident, Kenichiro, who has also
struggled with cancer, is awaiting the court's decision on whether to reopen
the case, with expectations that such good news might bring him some solace
after so many years.
Keisuke was arrested and indicted, together with nine other labor union
members, at a time when the nationwide railway operator was aiming for massive
job cuts. All the defendants, other than Takeuchi, were members of the Japanese
Communist Party, which opposed layoffs.
Takeuchi had initially denied his involvement. But he later repeatedly changed
his story -- admitting to a conspiracy with the other defendants, then saying
he had acted alone to plan and execute the entire incident, before finally
claiming his innocence once again.
Despite a lack of conclusive evidence, he eventually received the death
sentence based mostly on his confession, while the nine other defendants were
acquitted as it was ruled that Takeuchi alone was responsible for the disaster.
During an initial petition for a retrial before his death, Takeuchi, feeling
hopeless, claimed he had made a false confession in the belief that he might at
least evade the death penalty.
During the incident, the victims were crushed by the 7-car train, which
suddenly started moving within the Mitaka Station yard, bursting through a
track-end bumper and plowing into the station as well as some nearby buildings
before finally coming to a halt.
As part of efforts to persuade the high court to reopen the decades-old case,
Takamizawa, along with 5 other like-minded lawyers, worked to find "new
evidence" to prove Takeuchi's innocence with the help of several experts.
The final ruling found Takeuchi had raised the 1st car's pantograph -- the
apparatus mounted on the roof of the train to collect power -- to activate the
train, and then jumped off shortly after that.
Countering this, the lawyers argued, citing a traffic engineering expert's
study, not only the pantograph of the first car but also of the second car was
raised when the train went out of control.
The lawyers also focused on the fact that the headlamp of the seventh car was
on when the disaster occurred, and claims it would have been turned off, in
accordance with the JNR's operating guidelines, before the train was activated.
Given these factors, the lawyers note in their opinion paper submitted to the
high court, "It was impossible for (Takeuchi), in terms of time, to raise
pantographs of the first and second cars and run to the seventh car to turn on
the headlight, thus the final ruling that he committed the crime alone is
unacceptable, and should be reviewed."
The prosecutors argue the headlight was already turned on before the fatal
tragedy.
Following testimony by a man that said he saw Takeuchi near Mitaka Station
around the time of the incident, the defense team asked a behavioral
psychologist to conduct an experiment to determine if the witness would have
been able to identify Takeuchi under evening viewing conditions.
In a recreation of the scene examining several test subjects -- only a few of
whom could recognize acquaintances -- the psychologist concluded that it would
have been almost impossible for the witness to recognize Takeuchi's face
clearly even under the brighter conditions in the experiment.
The lawyers also believe, based on confession statements by his wife and
Takeuchi compiled soon after his arrest, Takeuchi was at home with his family
when the Mitaka Incident occurred.
The defense team presented these findings during talks with the high court and
prosecutors that were completed last December.
"Objective evidence goes against Mr. Takeuchi's temporary confession and the
final ruling, and it is quite obvious that he was sentenced to death unfairly,"
Takamizawa said. "We have to correct errors of the judicial system."
The prosecutors, however, have claimed the final ruling on Takeuchi confirmed
his guilt in reasonable ways, seeking the dismissal of the appeal.
Kenichiro has survived his wife, who believed her father-in-law was innocent to
the end of her life and welcomed the unexpected encounter with Takamizawa. But
he has become estranged from his siblings after taking up the crusade.
"My brothers and sisters do not want me to come forward in seeking the retrial,
but their attitude will change if the high court comes to a good decision
within my own lifetime," he said.
The Mitaka Incident was 1 of 3 mysterious cases involving the Japanese National
Railways in the summer of 1949.
On July 6, JNR President Sadanori Shimoyama was found dead in Tokyo, apparently
run over by a train, while on Aug. 17, a passenger train derailed near
Matsukawa Station in the northeastern prefecture of Fukushima due to alleged
sabotage, killing 3 crew members and leading to the indictment of 20 labor
union activists, all of whom were eventually acquitted.
The truth surrounding the Shimoyama and Matsukawa incidents remain unknown.
The 3 incidents were widely believed to be linked to JNR's efforts to introduce
job dismissals under the U.S.-led occupation, with union activists targeted by
authorities in an attempt to clamp down on the protest campaign against the
layoffs.
(source: Kyodo News)
PHILIPPINES:
Dela Rosa wants death penalty anew
Admitting that convicted drug lords are using the New Bilibid Prison in
Muntinlupa City as their operations center in the continuing distribution of
illegal drugs, neophyte Senator Ronald “Bato” dela Rosa wants a revival of the
death penalty.
“We have at least 160 convicted drug lords incarcerated at the national prison
and we are not sure that they have stopped their drug operations. Many of them
are still finding ways [to continue their operations],” said Dela Rosa, who was
Bureau of Corrections director before he joined the congressional race in the
last elections.
Prior to his post at the Bucor, Dela Rosa served as director of the Philippine
National Police.
He also acknowledged that the convicted drug lords were using the NBP as their
operation center.
He likewise said the convicted drug lords who control the operations gave
instructions on the importation and distribution of illegal drugs.
But if there is a death penalty, Dela Rosa said these drug lords can no longer
continue with their criminal activities.
Furthermore, the senator said that death by firing squad could effectively send
a firm message to those unscrupulous groups and individuals not to do their
illegal acts in the country.
Dela Rosa said they preferred death by firing squad to send a very strong
message to the drug traffickers that they could not do their illegal business
here in the Philippines.
“We will kill you. papatayin, firing squad kayo pag ginawa niyo 'yan dito sa
amin,” Dela Rosa noted.
He said the convicted drug lords were even the ones who called for its
implementation.
He revealed that during his stint as BuCor head, some of the inmates actually
approached him to suggest the effectivity of death penalty as deterrent not
only to the proliferation of illegal drugs but other heinous crimes.
“In my experience as director general of the BuCor, I had talked to convicted
drug lords, some of them were foreigners,l related Dela Rosa who will sit as
chair of the Public Order and Dangerous Drugs committee in the 18th Congress.
He said the drug lords approached him and suggested to him that to end the drug
problem in the Philippines, there should be a death penalty.
The drug lords also disclosed to him that they opted to bring in drugs to the
Philippines since there is no death penalty.
He pointed out that amid the government’s heightened campaign on illegal drugs,
shabu were still being smuggled into the country.
He said it was therefore clear that they were not scared because “we don’t have
the capital punishment.” Dela Rosa has filed Senate Bill 226 seeking to revive
the death penalty for illegal drug traffickers and manufacturers.
The proposed measure seeks to mete out the death penalty with a fine ranging
from P500,000 to P10 million to those who will import, manufacture, cultivate
or culture plants classified as dangerous drugs.
The bill also aims to “hamper the growth of foreign syndicates and to address
the illicit drug trafficking prevailing in the region.”
He then proceeded to admit that he knows that there will be a strong resistance
against firing squad and said that he will leave it the implementing agencies
of the bill to decide.
(source: Manila Standard)
INDIA:
Double death penalty to rape, murder accused Bamore
A 32-day trial ended in a death sentence for Vishnu Bamore, who raped and
killed a nine-year-old girl last month, as a special POCSO court on Thursday
awarded double death penalty to him. The trial was completed on Wednesday and
the order reserved for Thursday. The 33-year-old accused reportedly showed no
emotions after getting the death sentence.
In a speedy judgement, Special Judge (for POCSO cases) Kumudini Patel stated
Vishnu’s crime as ‘rarest of the rare’ and pronounced the capital punishment to
Vishnu Bamore on two separate offences under Indian Penal Code Sections 302
(murder) and 376-AB (raping a girl of 12-year-old and below) adding that the
convict deserved no leniency from the court. The convict was also sentenced to
life for the offence of unnatural sex with the minor girl, said Assistant
District Prosecution Officer (ADPO) Yogesh Tiwari. The judge also awarded him 3
years and 7 years’ imprisonment under IPC Sections 363 and 366, respectively,
for kidnapping the minor and abduction for forced and illicit intercourse.
The Protection of Children from Sexual Offences (POCSO) court ordered all the
sentences to run concurrently, Tiwari said. Bamore was pronounced guilty on the
basis of reports of the DNA test conducted by the Bhopal and Sagar-based
forensic science laboratories and taking into account other vital aspects.
After confessing to the crime soon after his arrest on June 11, Bamore had
changed his statement in court on July 4 and claimed he was innocent. However,
a 108-page chargesheet and 40 witnesses presented in the court by the
prosecution proved that he was guilty of the charges, he said.
The nine-year-old girl went missing from evening of June 8 after she came out
of her house in Mandwa Basti, was raped and found murdered on June 9. The
victim’s body was found in a drain near her residence in Nehru Nagar. The
accused Vishnu is a neighbour of the victim and had been found absconding after
the body was recovered, though he was present at the spot on the night of crime
when search was on for the girl. The accused was later arrested from Mortakka
village in Khandwa on June 10. The post-mortem report had confirmed sexual
assault and death due to strangulation. A 108-page chargesheet was filed
against him on June 12.
(source: thehitavada.com)
**************
Kathua victim’s father seeks death penalty for convict
Just over a month after a Pathankot court convicted 6 of the 7 accused in the
Kathua rape-murder case, the victim’s father on Wednesday moved the Punjab and
Haryana High Court challenging the solitary acquittal and seeking death penalty
for the convicts after describing it as “rarest of the rare case”.
In the appeal filed through counsel Rajvinder Singh Bains and Utsav Bains, the
victim’s father submitted that the trial court sentenced Sanjhi Ram, Deepak
Khajuria and Parvesh Kumar to life imprisonment for “cold-blooded, planned
brutal murder, without any provocation after abduction, administering drugs and
rape”.
He said the trial court considered the fact that such a barbaric crime had been
committed by the accused, but, at the same time, it was incapable of delivering
justice that the accused deserved.
He added the “measure of punishment” depended on the atrocity of the crime, the
criminal’s conduct and the victim’s defenceless state. “The punishment should
serve as a deterrent to the similar depraved minds”.
He added the trial court failed to appreciate the gravity of the offence, mode
of its commission, the victim’s age, impact on society and the evidence on
record. “Therefore, the order passed by the court below is liable to modified
to the extent of enhancing the sentence from life imprisonment to death to all
accused”. The appeal is likely to be listed before a bench headed by Justice
Rajiv Sharma on July 18, when appeals filed by the accused come up for hearing.
The father submitted that the accused wanted to teach a lesson to a community
by killing and raping a young member. 3 other accused — police officers Anand
Dutta, Tilak Raj and Surender Kumar — had been sentenced to 5-year imprisonment
for destruction of evidence, even though it was proven beyond all the
reasonable doubt that “all 3 accused in connivance with each other had
committed the most heinous crime”.
The father added the prosecution examined 114 witnesses. Their statements
clearly established that it was carefully planned strategy to remove “minority
nomadic community from the area” and all accused conspired with each other and
committed the heinous crime. He further contended that accused Vishal
Jangotra’s plea of alibi was accepted by the trial court on untenable grounds.
There were 5 trains between Meerut and Kathua and some of these were daily.
“The distance between the two towns is merely 480 km and it takes between nine
and 11 hours for different trains to cover the same distance. Even by road, the
distance can be covered in 10 hours… Therefore the plea of alibi by the accused
through his sister, ATM and other evidence of having appeared in an examination
did not meet the test of impossibility to be at the place of occurrence”.
‘Accused wanted to teach community a lesson’
In the appeal filed through counsel Rajvinder Singh Bains and Utsav Bains, the
Kathua victim’s father submitted that the accused wanted to teach a lesson to a
community by killing and raping a young member
The father added the prosecution examined 114 witnesses. Their statements
clearly established that it was a carefully planned strategy to remove
“minority nomadic community from the area” and all accused conspired with each
other and committed the heinous crime.
(source: tribuneindia.com)
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