[Deathpenalty] death penalty news----worldwide
Rick Halperin
rhalperi at smu.edu
Wed May 29 08:25:45 CDT 2019
May 29
IRAQ:
Iraq condemns 7th Frenchman to death for IS membership
Iraq declared victory over the Islamic State group in 2017, and has since taken
custody of thousands of jihadists captured in neighbouring Syria / © AFP
A Baghdad court sentenced a Frenchman to death on Wednesday for joining the
Islamic State group, bringing to seven the number of French jihadists on death
row in Iraq.
Yassin Sakkam was among 12 French citizens transferred to Iraqi authorities in
January by a US-backed force fighting the jihadist group in Syria.
"I admit to having sworn allegiance" to IS, he told the court, saying he was
paid $70 (62 euros) a month.
He added that he regretted his decision to join the group, and asked to be
pardoned.
Sakkam, now 29, left France in late 2014 to fight for IS, posting online
pictures of himself carrying arms and speaking to multiple media outlets about
IS.
He became one of the most notorious jihadists in France, which has been seeking
his arrest since 2016.
Kurdish authorities detained him in Syria in 2017.
His brother Karim carried out a suicide attack at the Iraqi-Jordanian border in
2015, according to the French Terrorism Analysis Centre (CAT).
Sakkam's sentence came despite France reiterating its opposition to capital
punishment this week amid a series of similar judgments against French citizens
handed to Baghdad.
Iraq has taken custody of thousands of jihadists in recent months after they
were captured in neighbouring Syria by the US-backed Syrian Democratic Forces
(SDF) during the battle to destroy the IS "caliphate".
They include hundreds of foreigners suspected of IS membership, raising the
question of whether suspected IS jihadists should be tried in the region or
repatriated.
France has long insisted that its adult citizens captured in Iraq or Syria must
face trial locally, while reiterating its opposition to capital punishment.
Iraqi law provides for the death penalty for anyone joining a "terrorist group"
-- even those who did not take up arms.
Also on Wednesday, an Iraqi court sentenced Tunisian Mohammed Berriri to death
for joining IS, after a hearing lasting less than an hour.
Berriri, 24, admitted to joining the group, saying he thought it was "defending
the weak", but said he now regretted doing so.
Sakkam and the 6 other French citizens handed death sentences in recent days
have 30 days to appeal.
The remaining 5 French suspects face trial in the coming days.
The trials have been criticised by human rights groups, which say they often
rely on evidence obtained through torture.
In a statement sent to AFP, a group representing the families of French
jihadists asked the government in Paris to "do everything possible to stop this
fatal chain of death sentences" and to try them "on our soil".
On Tuesday, Foreign Minister Jean-Yves Le Drian said France was stepping up
efforts to stop Iraq executing those convicted.
(source: rtl.lu)
EGYPT:
Scale of Egypt’s death penalty crisis revealed
In President Abdelfattah el-Sisi’s first 5 years in power, his regime handed
preliminary death sentences to more than 2,400 people, a Reprieve report
reveals.
Mass Injustice: Statistical Findings on the Death Penalty in Egypt examines
Egypt’s death penalty crisis in unprecedented detail. It contains information
relating to 2,595 individuals referred for preliminary death sentences from 25
January 2011 to 23 September 2018, including name, date of arrest, where and
when trials took place, the offences charged, and the procedural status of the
case.
Of these 2,595 individuals, 11 were children (under the age of 18) at the time
of their alleged offences. Sentencing a child to death is a grave violation of
both Egyptian and international law.
The use of the death penalty in Egypt has climbed sharply since el-Sisi came to
power. From 3 July 2013 (the date former President Mohamed Morsi was ousted) to
23 September 2018 (the end date for the study), 2,443 people received
preliminary death sentences.
Of these, 1,884 death sentences were handed down in mass trials in which 15 or
more defendants were tried simultaneously. During el-Sisi’s tenure, at least 45
such trials have resulted in death sentences.
Defendants in mass trials are routinely sentenced to death on trumped-up
terrorism charges related to the exercise of fundamental rights such as freedom
of assembly. In some cases, defendants receive death sentences for alleged
lethal offences they did not commit. In others, people are sentenced to death
on nebulous, non-lethal charges related to 'membership' in alleged terrorist
organisations.
Maya Foa, Director tof the human rights organisation Reprieve, said: “This
report makes clear that President el-Sisi’s regime is committing human rights
violations on an unprecedented scale, even when compared to former dictator
Hosni Mubarak. The report’s findings should shame the western politicians who
have lent legitimacy and assistance to el-Sisi’s repressive rule. Egypt’s
international partners must insist on an end to the systematic use of the death
penalty against people exercising their right to protest.”
(source: ekklesia.co.uk)
BANGLADESH:
Nusrat Jahan Rafi: 16 could face death penalty over murder of woman burnt to
death after making sexual harassment claim
16 people could face the death penalty in Bangladesh over the murder of an
19-year-old woman who was burned to death in April.
The country’s Police Bureau of Investigation (PBI) said the men and women
arrested in connection with the death of Nusrat Jahan Rafi would be charged on
Wednesday, with prosecutors seeking the death penalty for all 16.
Ms Rafi was allegedly doused with kerosene and set on fire at her school in the
town of Feni, after she refused to withdraw a sexual harassment complaint
against her head teacher.
She died in hospital 5 days later, on April 10, sparking public outcry and mass
demonstrations calling for her killers to face punishment.
Top government officials, including Bangladeshi Prime Minister Sheikh Hasina,
pledged justice for Ms Rafi and promised her family the killers would not be
spared.
The case has dominated the country’s media as a harrowing example of the
treatment of women in Bangladesh.
A study conducted by women’s rights organisation Bangladeshi Mahila Parishad
found that around 950 women were raped in the South Asian country last year.
"Justice has to be ensured," the group's general secretary Maleka Banu told the
Thomson Reuters Foundation.
“But just ensuring that the Nusrat case is taken care of is not enough. We need
to do a lot more to make the situation better for Bangladeshi women,” she
added.
Two weeks before her death, Ms Rafi issued a statement at her local police
station, accusing the headmaster of her madrasa – an Islamic school – of
calling her into his office and touching her inappropriately.
Officers allegedly belittled her complaint at the time, telling her it was “no
big deal”.
Eleven days after the alleged assault, the teenager went to school to sit her
final exams. It is said that she was lured to the building’s rooftop where a
group of around 5 people allegedly surrounded her and demanded she withdraw her
case against the headmaster. When she refused, they allegedly set her on fire.
Ms Rafi died at Dhaka Medical College Hospital four days later, having suffered
burns on 80 % of her body.
In the ambulance on her way to the hospital, fearing she might not survive, she
recorded a statement on her brother's mobile phone saying: “The teacher touched
me, I will fight this crime till my last breath.”
Multiple arrests were made following the incident, with 16 now facing the
country’s harshest punishment for their involvement, which includes planning,
executing, and aiding and abetting the murder.
All the suspects are now behind bars and 12 of them have made confessional
statements detailing the roles played by the 16, according to Bangladeshi
newspaper the Daily Star.
"We will be submitting the charge sheet on Wednesday," confirmed PBI chief
Banaj Kumar Majumda.
(source: standard.co.uk)
***************************
Bangladesh to charge 16 over murder of teenager burned to death
Bangladesh is to charge 16 people over the murder of a teenager burned to death
last month, police said on Tuesday, in the latest case to highlight the
treatment of women in the country.
Nusrat Jahan was 18 when her killers poured kerosene over her and set her on
fire on the roof of her school after she refused to withdraw a sexual
harassment complaint against the head teacher.
She died in hospital 5 days later, sparking public outrage and mass
demonstrations calling for her killers to face punishment. Prime Minister
Sheikh Hasina met Jahan’s family to assure them the killers would not be
spared.
The head of the Police Bureau of Investigation said the men and women arrested
in connection with her murder would all be charged on Wednesday, with
prosecutors seeking the death penalty for all 16.
(source: Thomson Reuters Foundation)
PAKISTAN:
Death penalty proposed for child abuse
PM’s Special Adviser on Information Firdous Ashiq Awan on Tuesday said that
Prime Minister Imran Khan proposed that death penalty be fixed for all those
involved in child abuse.
He had expressed this resolve during a meeting of the federal cabinet, showing
concern over the rise in misuse of internet for child pornography and a
subsequent increase in incidents of child abuse.
According to Awan, the prime minister addressed in detail the ministries of
human rights, law, and especially the interior ministry, and gave them the
responsibility of examining, assessing and analysing the existing juvenile laws
regarding sexual violence, sexual exploitation, rape of children, and other
violent behaviours.
“All 3 ministries have been instructed to get together on this, prepare an
implementation plan and bring it before the cabinet so that this growing menace
can be curbed with an effective law and a mechanism of deterrence as well as
awareness can be created,” she said.
(source: pakistantoday.com.pk)
CHINA:
Chinese court sentences Canadian drug trafficker to death 6 years after his
trial
A Chinese court sentenced a Canadian to death for drug offences on Tuesday.
The 2 main accused in the case – the Canadian identified by the Jiangmen
Intermediate People’s Court in Guangdong province as Fan Wei, and an individual
named Wu Ziping, whose nationality was not specified – were both given death
sentences.
An American identified as Mark, and Mexican nationals named in court
translations as Leon, Pedro, Oscar and Carrett were given suspended death
sentences and jailed for life, according to an online court statement.
The prison terms of four other defendants – Zeng Xiangliang, Li Rongfu, Liao
Jianming and Liu Zhimin – were not specified.
The group were found guilty of setting up a drug factory in Taishan, where they
produced more than 63kg (140lb) of methamphetamine and 365.9 grams of
dimethylamphetamine between July and November 2012.
The court notice said the convicted could appeal against the sentence, adding
that consular officials were present during the court proceedings.
(source: South China Morning Post)
MALAYSIA/SINGAPORE:
Yoursay: Death penalty debate – a law without heart has no grandeur
YOURSAY | ‘I believe that most of us did not know of Nagaenthran’s mental
health issues...’
The absurdity of another M'sian in S'pore being sentenced to death
FairMalaysian: Thank you to human rights lawyer M Ravi for highlighting the
Singapore Court of Appeal’s dismissal of the appeal against the death sentence
of Malaysian D Nagaenthran.
I believe that most of us did not know of Nagaenthran’s mental health issues
and having treated a number with such disabilities myself, it is grossly wrong
to even charge him if the medical evaluation reveals that he is suffering from
such a disability, however minor that can be.
I am wondering whether the defence had engaged their own expert to bring this
to the notice of the court. I agree it will be a gross injustice to ignore this
fact.
Rick Teo: There is no absurdity in Singapore sentencing another Malaysian to
death. The law is clear. You commit capital crimes like drug trafficking there,
you pay the price.
Singapore practices what it preaches, unlike in Malaysia, where capital crimes
can be overlooked and the perpetrators can go free. Such as in the killing of
Kim Jong-nam, the half-brother of North Korean President Kim Jong-un.
Satu Msian: Yes, it's just plain stupid to pin blame on any government for
applying appropriate laws to offenders.
These offenders are just going to say ‘thank you’ every time they make a trip
across the border with drugs in tow.
Clearwater: Singapore is a fine city to visit, but you must obey their
oftentimes draconian laws. There is no compromise when you commit wrongdoing
there.
It matters not whether you are a visitor or a resident – if you do the crime,
you pay the price. That is why you can walk the crime-free streets safely at
night. In which large city can you do that?
Determined Sarawakian: The death penalty is no longer relevant. Singapore
should be able to justify the relevance of a mandatory death penalty.
This punishment is only a seeming deterrent if the enforcement of drug
trafficking is an international commitment. If not, it is as good as US
President Donald Trump saying that the wall along the Mexican border can
prevent undocumented migrants from coming in.
Singapore should lead the way in Asean in forging solutions and conducting
joint operations in stemming the tide of the drug trade in the Golden Triangle
and the Mekong Delta region. It’s the right time to do this right once and for
all.
Fair Play: If we think with our heads instead of with our hearts, we should
know better that Singapore will observe the rule of law when meting out a
sentence, especially a death sentence, even to its own citizens.
Anonymous182736491278: As someone said: “A law without heart has no grandeur.”
The issue is how we interpret that.
ABC123: Imagine if Singapore let this man go. What about the Singaporeans and
other nationals who have been punished for similar offences? What about future
cases? Or is Singapore supposed to punish all except Malaysians?
Stop expecting Singapore to give special treatment to Malaysians. It’s their
law and their land. If Singapore wanted to complain about unjust and racially
discriminatory Malaysian laws, they have many to choose from. But they don’t.<
Singapore minds their own business.
You want to stop Malaysians from being executed in Singapore for drug offences?
Make sure our own Customs Departments are effective and efficient.
How come Singapore Customs can detect them but ours cannot? Is it our
incompetence, corruption, or both?
Avenger: Have some of you no shame? Here is an international human rights
lawyer who is speaking up for a mentally disabled Malaysian drug mule, and
commenters here are supporting Singapore’s bloodthirsty behaviour.
Anonymous_F9ff437: @Avenger, stop your double standards. Malaysia used to have
the same death penalty. So stop picking on Singapore. Wait till some pusher
sells drugs to your family then you will say different.
Avenger: @Anonymous_F9ff437, the key phrase is ‘used to have’. We don't hang
drug offenders automatically now.
So we do have the moral authority to tell Singapore to stop murdering people.
And listen, nobody is saying don't punish traffickers with long imprisonment.
We are only saying don't hang them, that's a brutal medieval thing. Are we
bloodthirsty, backward medieval brutes?
Hopeful: Indeed, the issue here is not the morality of Singapore or any other
nation executing drug traffickers.
The issue here is whether it is moral to execute someone who one doctor
believes suffers from mental illness or intellectual disability, and why the
Singapore court seems hell-bent on disproving the assessment in their bid to
execute him.
Liew: M'sia had no hand in S'pore decision to stay Pannir's execution
Roger 5201: If only de facto law minister Liew Vui Keong was that influential.
Anonymous_1527925388: Singapore always maintains that its judiciary is
independent. How can a letter from Liew affect their judgment? Singapore Law
Minister K Shanmugam should have more faith in his own country’s judicial
system.
As much as Malaysia tries to ask for clemency for its citizens, there would
definitely be times Singapore did the same with their citizens in the same
predicament.
Anonymous_770241447347646: Would Singapore have not exercised political means
to try and ask for clemency for their citizens?
Asking for clemency is not interfering in the laws of any nation. In the end,
it is the holders of the law of that nation that make the final decision.
It is the duty of the leaders to try and speak out for their people. Trying to
protect them, even after knowing criminal acts have occurred.
Karma is Just: All parent with drug addict children should curse Liew and
others like him for supporting this drug courier. Rest assured, they will meet
with karma.
Rupert 16: @Karma is Just, I am not a supporter of drug couriers. I am a
supporter of people who can stand up against arrogant bullies who hold high
positions. So don’t jump to conclusions.
(source: malaysiakini.com)
INDIA:
Every Person With Mental Illness Shall Have A Right To Live With Dignity: SC
The Supreme Court, in a judgment delivered last month, noted that under the
Mental Health Care Act, 2017, there is a statutory right for mentally ill
persons to live with dignity.
The bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar and
Justice Indira Banerjee observed that Section 20 (1) of the Mental Health Care
Act explicitly provides that 'every person with mental illness shall have a
right to live with dignity'.
The court in, Accused X vs State of Maharashtra, held that post conviction
mental illness will be a mitigating factor while considering appeals of death
convicts. It also commuted death penalty of the accused who was convicted of
rape and murder of 2 minor girls.
The court said: "All human beings possess the capacities inherent in their
nature even though, because of infancy, disability, or senility, they may not
yet, not now, or no longer have the ability to exercise them. When such
disability occurs, a person may not be in a position to understand the
implications of his actions and the consequence it entails. In this situation,
the execution of such a person would lower the majesty of law."
In this case, the bench also directed the Registry to not disclose the actual
name of the accused. It had said: "In line with Section 23 (1) of the Mental
Healthcare Act, 2017, (Act 10 of 2017) and the right to privacy of the accused
herein, while taking further action on this judgment, we direct the Registry to
not disclose the actual name of the accused and other pertinent information
which could lead to his identification as it concerns confidential information.
In this context we shall address the accused herein as 'accused x'."
The court also held that post-conviction severe mental illness will be a
mitigating factor that the appellate Court, in appropriate cases, needs to
consider while sentencing an accused to death penalty.
(source: livelaw.in)
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