July Issue 2011 - Inter Press Service

7 downloads 134 Views 1MB Size Report
Jul 2, 2011 ... spared from the death penalty in Indonesia have been made more difficult by past refusals to .... 'PORN' CASE - DANES TRY TO BLOCK USE OF DRUG IN US EXECUTIONS - KUWAIT: ..... video of what appears to be the.
Crime and Justice Death Penalty and the Right to Life

July 2011

Inter Press Service

Pagina 1 di 2

July 2011

IPS, the global news agency, brings you independent news and views on capital punishment. In this newsletter you will find in-depth reports by IPS correspondents from around the world and columns by experts, in addition to special sections for news from international NGOs and a review of the global media for a glimpse of what is happening on the ground. Join us in helping strengthen awareness about the abolition of death penalty – and encourage your friends and colleagues to subscribe to this free monthly newsletter.

Download as PDF

Undisclosed Beheading at Heart of Indonesian, Saudi Row Matthew Cardinale

ATLANTA, Georgia, U.S., Jun 30, 2011 (IPS) - Indonesia, which has an estimated 1.2 million emigrants in Saudi Arabia, is deeply troubled that Saudi Arabia beheaded one of its citizens in a death penalty sentence without even contacting the government in Jakarta. MORE >>

Iran Executing Hundreds in "War on Drugs" Matthew Cardinale

ATLANTA, Georgia, U.S., Jun 27, 2011 (IPS) - Iran is drawing international criticism for its continued mass executions of people convicted of violating its drug laws. The Islamic Republic's judiciary reported that 300 people were on death row as of May 30. MORE >>

Uphill Battle to Save Australians From Execution By Stephen de Tarczynski

MELBOURNE, Jun 23, 2011 (IPS) - Any Australian government efforts to have two of its citizens spared from the death penalty in Indonesia have been made more difficult by past refusals to intervene on behalf of three Indonesian Islamists in the lead-up to their executions in 2008. MORE >>

INDIA: Noose Not Mandatory for Drug Crimes, Rules Court By Ranjit Devraj

NEW DELHI, Jun 22, 2011 (IPS) - By striking down a law that makes the death penalty mandatory for drug-related offences, the Bombay High Court has raised hopes among rights activists that other countries in the region will follow suit. MORE >>

BAHRAIN: Tribunal-Issued Death Sentences Cause Outcry By Matthew Cardinale

ATLANTA, Georgia, U.S., Jun 11, 2011 (IPS) - Democracy advocates in the United States are troubled by the pending execution of two men who took part in anti-government protests in Bahrain. MORE >>

Death Penalty Popular in China By Gordon Ross

BEIJING, Jun 10, 2011 (IPS) - Despite government efforts to curb the number of people it puts to death, China continues to execute more people than the rest of the world combined, and corporal punishment remains popular among the citizenry. MORE >>

ZIMBABWE: They Live by the Sword, But Should They Die by the Sword? By Nyarai Mudimu

HARARE, Jun 9, 2011 (IPS) - In her glory days, death-row inmate Rosemary Khumalo (66) lived life dangerously on the edge. She was a sanguinary fortune hunter who would resort to anything, even murder, to land her loot, according to court records of her trial. MORE >>

UGANDA: ‘So Many Innocent People Are Dying’ Wambi Michael interviews EDMARY MPAGI, Ugandan death penalty abolitionist

http://www.ipsnews.net/deathpenaltyabolition/jul2011.asp

06/07/2011

Inter Press Service

Pagina 2 di 2

KAMPALA, Jun 7, 2011 (IPS) - Edmary Mpagi and his cousin Fred Masembe were convicted by a Ugandan court and sentenced to death for the murder of a man who was later found alive. MORE >>

DEATH PENALTY-INDIA: Clemency Denial Opens Can of Worms By Ranjit Devraj

NEW DELHI, Jun 3, 2011 (IPS) - In a country where capital punishment is rare, human rights activists are surprised by a sudden move to hang a Sikh separatist militant convicted for bombing attacks on a senior police officer and a Congress party politician in the early 1990s. MORE >>

TAIWAN: No Indictment Over Wrongful Execution By Dennis Engbarth

TAIPEI, Jun 1, 2011 (IPS) - Taiwan prosecutors certified that Air Force private Chiang Kuo-ching had been wrongfully executed in August 1997 for the rape-murder of a five-year-old-girl at an air force headquarters compound in Taipei, but failed to indict any of the nine military officers responsible for extracting his "confession" through torture. MORE >>

WORLD PRESS REVIEW: IRAN: DEATH SENTENCE FOR APOSTASY REPORTEDLY UPHELD FOR PASTOR NADARKHANI - JAPAN: MAN TO HANG FOR KILLING WOMAN, 21- EGYPT: CLERIC APPROVES COP'S DEATH SENTENCE - IRAQ: PRESIDENCY RATIFIES DEATH SENTENCE AGAINST TUNISIAN - MALAYSIA: RESOLUTION OVER MORATORIUM ON DEATH PENALTY - SAUDI ARABIA: ‘BLOOD MONEY’ PAYMENT SPARES INDONESIAN MAID FROM EXECUTION - TUNISIA: RADICALS SAY TUNISIA MOVING TOWARDS ABOLITION - INDIA: 4 MAOISTS GET DEATH FOR J'KHAND MASSACRE - MOROCCO: WORLD COALITION AGM OPENS WITH PLEA FOR ABOLITION - GEORGIA (USA): MAN EXECUTED FOR 1978 RAPE AND MURDER - ARKANSAS (USA): SUPREME COURT HALTS THREE EXECUTIONS - FLORIDA (USA): MIAMI FEDERAL JUDGE RULES DEATH PENALTY UNCONSTITUTIONAL - EGYPT: DEATH SENTENCE FOR BUS DRIVER WHO SHOT DEAD 6 COLLEAGUES - PAKISTAN: MAN SENTENCED TO DEATH FOR BLASPHEMY - CHINESE COALMINER SENTENCED TO DEATH FOR MURDERING MAN IN POLLUTION ROW - BAHAMAS: GOVERNMENT PLANS LEGISLATION TO STRENGTHEN DEATH SENTENCES - AFGHANISTAN: TWO CHARGED IN DEADLY BANK ATTACK EXECUTED - CALIFORNIA (USA): STATE TAXPAYERS HAVE SPENT $4 BILLION ON CAPITAL PUNISHMENT SINCE 1978 - SAUDI BEHEADS INDONESIAN WOMAN CONVICTED OF MURDER - SAUDI BEHEADS INDONESIAN WOMAN CONVICTED OF MURDER - SOMALIA: AL SHABAB PUBLICLY EXECUTES 2 FOR SPYING - IRAQ: COURT GIVES DEATH PENALTY TO 15 IRAQIS OVER WEDDING MASSACRE - UAE: FORMER FOOTBALLER SENTENCED TO DEATH - TRINIDAD & TOBAGO: PRIVY COUNCIL QUASHES MANDATORY DEATH FOR CERTAIN MURDERS - BAHAMAS: MAXO TIDO DEATH SENTENCE OVERTURNED - SAUDI ARABIA: KILLER SAVED FROM THE SWORD AT THE 11TH HOUR - AFGHANISTAN: TWO SENTENCED TO HANG FOR MASSACRE IN JALALABAD - TUNISIA: BEN ALI MAY FACE UP TO 20 YEARS OR THE DEATH PENALTY - VIETNAM: DEATH SENTENCES TO BE EXECUTED BY POISON - IRAQ: TAREQ AZIZ'S SON- END MY FATHER'S SUFFERING - CHINESE SENTENCED TO DIE FOR MONGOL HERDER'S DEATH - INDIA: HIGH COURT STAYS EXECUTION OF DEATH SENTENCE ON DAS - CHINA: STUDENT EXECUTED OVER HIT-AND-RUN MURDER - IRAN: SUPREME COURT QUASHES DEATH SENTENCE IN 'PORN' CASE - DANES TRY TO BLOCK USE OF DRUG IN US EXECUTIONS - KUWAIT: BANGLADESHI TRIO SENTENCED TO DEATH IN MURDER OF COMPATRIOT - ARMENIAN PRISON CONDITIONS AGAIN CRITICIZED BY CIVIC MONITORS - ETHIOPIA PARDONS 23 TOP DERG OFFICIALS - NEW CHARGES FOR 9/11 SUSPECTS HELD AT GUANTANAMO News from International NGOs: ARAB SPRING AT THE HEART OF WORLD COALITION AGM - PENAL REFORM INTERNATIONAL HELD A REGIONAL CONFERENCE ON JUVENILE JUSTICE IN ALGIERS - PUERTO RICO PRESSURES OBAMA TO ABOLISH UNWANTED FEDERAL DEATH PENALTY - OBAMA AND THE DEATH PENALTY - UN ADOPTS DRAFT OPTIONAL PROTOCOL TO THE UN CRC ON A COMMUNICATIONS PROCEDURE - CLEMENCY URGED AS ALABAMA EXECUTION LOOMS - SAUDI ARABIA: SURGE IN EXECUTIONS IN RECENT WEEKS IPS has partnered with Penal Reform International to expand its independent coverage of issues surrounding capital punishment and long-term imprisonment.

The contents of this publication, funded by the European Union, are the sole responsibility of IPS and can in no way be taken to reflect the views of the European Union. Copyright © 2011 IPS-Inter Press Service. All rights reserved.

http://www.ipsnews.net/deathpenaltyabolition/jul2011.asp

06/07/2011

Crime and Justice — Death Penalty and the Right to Life

PROJECT ARTICLES

Khairiya bint Hamid Mijlid. She allegedly stabbed Mijlid several times with a knife

Undisclosed Beheading at

and a meat cleaver. The motive for the crime was not revealed by authorities.

Heart of Indonesian, Saudi Row By Matthew Cardinale ATLANTA, Georgia, U.S., Jun 30, 2011 (IPS) - Indonesia, which has an estimated 1.2 million emigrants in Saudi

Indonesia has set up a special task force in Saudi Arabia to provide legal advice to the 23 remaining Indonesians on death row, in assisting them with their appeals.

Arabia, is deeply troubled that Saudi Arabia beheaded one of its citizens in a death penalty sentence without even contacting the government in Jakarta.

"The government is committed to saving them from the death penalty," said Martua Batubara, spokesperson for Indonesia's Justice and Human Rights

Indonesia has recalled its ambassador from Saudi Arabia, but is lobbying the kingdom to commute the sentences of 23 Indonesians who are currently on

Ministry, according to the Jakarta Globe. "But at least for now, we have secured the commitment of the kingdom" to review the cases.

death row in Saudi Arabia. The Saudi government has also agreed "The reason they [Indonesia] are upset is, number one, they were not

to let 316 Indonesians out of prison to be deported back to Indonesia.

informed. Usually when it's international, they will inform the government concerned. Number two, they want to protect their citizens," T.

Saudi Arabia has sent back 4,410 Indonesians who overstayed their visas since March 2011.

Kumar, director of international advocacy for Amnesty International USA, told IPS.

The 23 Indonesians currently in death row in Saudi Arabia were convicted of crimes and are not facing the death

Roiaiti Beth Sabotti Sarona was beheaded after being convicted in Saudi

penalty for the sole reason of being undocumented immigrants, Kumar said.

Arabia for the murder of Saudi citizen Still, human rights advocates have Page 3

http://www.ipsnews.net/deathpenaltyabolition/

expressed concerns about the fairness

on migrant workers going to Saudi

of trials in Saudi Arabia and about the

Arabia to begin in August 2011, has

recent increase in the number of

created a 24 hour crisis hotline for its

executions there.

workers abroad, and is working to create more jobs at home.

Indonesia is trying to convince Saudi Arabia to allow the payment of qisas, or "I decided to apply a moratorium on blood money, to the victims of the

sending Indonesian workers to Saudi

alleged crimes, which would allow the

Arabia to be in effect on Aug. 1, but

23 Indonesians to get off of death row.

starting from today, steps toward this have begun," President Susilo Bambang

"It's a common practice. It's something

Yudhoyono said in a national television

that's sanctioned in Islamic law, like

address on Jun. 23, according to

Saudi Arabia or Iran, that claims to be

Reuters.

guided by Islamic law," said Joe Stork, deputy director of the Middle East and

Indonesia's National Board for the

North Africa Division of Human Rights

Placement and Protection of Indonesian

Watch.

Overseas Workers has opened a crisis centre for migrant workers and their

"Somebody may offer a certain amount. families. It's my understanding the victim has the right to refuse. You often find society

"The migrants are treated pretty badly

will put a lot of pressure on a family to

there. There are over one million

accept blood money," Stork said.

Indonesians over there doing menial work. The law does not protect them as

Stork said Saudi Arabia has an incentive they should protect," Kumar said. to negotiate qisas, which is to decrease overall their number of executions, thus In response to the steps taken by appeasing death penalty abolition

Indonesia, Saudi Arabian Labor Ministry

advocates worldwide. "Saudi Arabia

Thursday announced a ban on

executes a lot of people, far too many," temporary work visas for workers from Stork said.

Indonesia as well as the Philippines, to begin on Saturday.

Indonesia, in response to the execution of Sarona, has called for a moratorium

But Indonesian officials did not seem Page 4

Crime and Justice — Death Penalty and the Right to Life

too concerned. "They often say that, but as a matter of fact, they're still taking workers from

Iran Executing Hundreds in "War on Drugs" By Matthew Cardinale

us," said Muhaimin Iskandar, Indonesian Minister of Manpower and Transmigration, according to the Jakarta Globe.

ATLANTA, Georgia, U.S., Jun 27, 2011 (IPS) - Iran is drawing international criticism for its continued mass executions of people convicted of

The diplomatic dispute, which will impact the work opportunities of hundreds of thousands of Asians, seems

violating its drug laws. The Islamic Republic's judiciary reported that 300 people were on death row as of May 30.

to stem back to Saudi Arabia's decision to violate international norms in beheading Sarona without notifying Indonesia.

"For 300 drug-related convicts, including those who were in possession of at least 30 grammes of heroin, execution verdicts have been issued," said Abbas

Meanwhile, Amnesty International emphasised that even though it has raised special concerns about the

Jafari Dolatabadi, Tehran's prosecutorgeneral, according to the Sharq daily newspaper.

situation involving Indonesia and Saudi Arabia, it is opposed to the death penalty not only in Saudi Arabia, but everywhere.

The Iranian government has already hanged 126 people for drug offences so far this year, as of May 30, according to Hands Off Cain, a death penalty

"We are concerned it's a violation of

abolition organisation.

human rights of any human being- no one should have the right to take the life of another human being - including the government," Kumar said. (END)

Iran executed 650 people in 2010, 590 of whom were convicted for drug offences, according to the United Kingdom Foreign & Commonwealth Office 2010 report on Human Rights and Democracy. This was up from 388 in 2009.

Page 5

http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

"Estimates suggest that Iran executes

high because 74 percent of those

more people per capita than any other

executed are traffickers in large

country in the world. The year 2010 saw quantities of opium from Afghanistan a steep increase in the number of

bound for European markets,"

executions in response to a tough new

Mohammad Javad Larijani, head of

anti-drugs policy," the report states.

Iran's Supreme Council for Human Rights, said during a press conference in

"We've seen a huge surge in numbers

May.

being reported by the government, we're not sure whether they're the

The press conference followed a

actual numbers," Faraz Sanei, Iran and

meeting with South African Deputy

Bahrain researcher with Human Rights

Foreign Minister Ebrahim Ebrahim, at

Watch's Middle East and North Africa

which South Africa criticised the

division, told IPS.

sentences.

Some of the executions have been

It is not disputed that Iran has some

recent. Iran executed Esmaeel G.,

serious problems with drugs and drug

Hossein N., Hasan Q., and Hasan K. for

trafficking. Many Iranians have

drug offences on Jun. 1, according to

addiction problems with heroin and

Iran's justice department website.

opium, while some have reportedly turned to making chemical drugs in their

On Jun. 19, two men - Siah Khan Sh. and homes. Mohammad N. - were hanged for drugrelated convictions, according to the

In addition, "Iran is dealing with a

Ettelaat newspaper of Iran.

problem of armed drug trafficking gangs from Afghanistan, paramilitaries. There

The executions are most often carried

have been levels of violence between

out by hanging, although another

traffickers and government forces,"

common method is firing squad. Iran's

Ethan Nadelmann, executive director of

method of hanging, called suspension

the Drug Policy Alliance, told IPS.

strangulation, is particularly cruel and involves strangulating someone by

Still, "that is no reason to move forward

pulling them upward with a crane.

with the hanging of 300 people, not people who are drug lords. Essentially

"The number of executions in Iran is

people get caught up in low-level drug Page 6

Crime and Justice — Death Penalty and the Right to Life

offences," Nadelmann said.

possession," Sanei said, adding, "The amount of drug required under Iranian

Larijani defended Iran during the press

law to get you the death penalty is very

conference.

small."

"There is an easy way for Iran and that is "The judiciary is extremely to close our eyes so drug traffickers can nontransparent in Iran. We don't just pass through Iran to anywhere they believe these individuals have fair trials. want to go," Larijani said. "The number

In particular with drug laws in Iran,

of executions in Iran would drop 74

there's been a streamlining process in

percent. That would be very good for

last several years which allows, when

our reputation."

they get someone for drug trafficking, it's not appealable. It goes back to the

But Nadelmann said, "The Iranians are

prosecutor's office, that's the person

being disingenuous when they say

who decides if they should be executed

there's a requirement to execute people or not. This completely violates because of Western law."

international trial standards," Sanei said, adding that access to attorneys is

Iran may be in violation of international often also a problem. law, specifically the International Covenant on Civil and Political Rights, of At the same time that Iran has taken which Iran is a signatory, Sanei argued.

increasingly severe approach in

The ICCPR says the death penalty, if not sentencing those convicted of violating abolished entirely, should be reserved

drug laws, it also had embraced a public

for the most serious and grave offences. health or harm reduction approach in terms of needle exchange programmes. "Look at the Iranian penal code. A whole host of crimes can get you the death

"Five years ago the Ayatollah declared

penalty. A large number of these crimes needle exchange programmes okay would not be considered by human

under Sharia law," Nadelmann said,

rights lawyers to be serious," Sanei said. adding that the decision was in part out of concern for preventing the spread of "One of those are drug offences... many HIV. of the individuals on death row in Iran are essentially on death row for drug Page 7

"Because of the growing totalitarian

http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

nature of the Ajmadinejad government, Bali to Australia in April 2005. there has been less support for harm reduction, but it still continues,"

Acting on information provided by the

Nadelmann said.

Australian Federal Police, Indonesian authorities swooped, arresting Chan,

Meanwhile, India's Supreme Court

Sukumaran and seven other members

announced last week that the death

of the trafficking group, since dubbed

penalty for drug related offences was

the ‘Bali Nine’.

unconstitutional. (END)

Although six members of the group actually received death sentences, Chan and Sukumaran are the only two still on

Uphill Battle to Save

death row.

Australians From Execution

Bali Nine couriers Tan Duc Thanh

By Stephen de Tarczynski

Nguyen, Matthew Norman and Si Yi Chen had their sentences downgraded

MELBOURNE, Jun 23, 2011 (IPS) - Any

to life in prison in 2008 following a roller

Australian government efforts to have

-coaster ride of appeals and counter-

two of its citizens spared from the death appeals. Initially awarded life terms, penalty in Indonesia have been made

their sentences were reduced to 20

more difficult by past refusals to

years and then upgraded to death

intervene on behalf of three Indonesian before finally settling back where they Islamists in the lead-up to their

started - at life in prison.

executions in 2008. Another member of the group, 24-yearTime is running out for Australian

old Scott Rush, experienced similar ups

citizens Andrew Chan, 27, and Myuran

and downs in his appeal process. Rush’s

Sukumaran, 30.

final appeal against the death penalty was commuted to a life sentence on

The two men were sentenced to death

May 10 this year.

by firing squad in Indonesia in 2006 for their roles in organising the attempted

That same day, Chan’s last available

smuggling of more than eight kilograms judicial effort to save himself was of heroin from the Indonesian island of

rejected, although the Indonesian Page 8

Crime and Justice — Death Penalty and the Right to Life

Supreme Court only revealed its

rejection of Chan’s judicial review was

decision on Jun. 17.

made public.

It means that an appeal to Indonesian

Foreign minister Kevin Rudd also spoke

President Susilo Bambang Yudhoyono,

of backing Chan, committing "to use

who has the power to grant clemency in every form of representation to such cases, is Chan’s only hope of

government concerned in support of

avoiding being executed.

that person."

Clearly, the court’s decision to uphold

In approaching Yudhoyono, who

Chan’s death sentence does not bode

became the first Indonesian head of

well for Sukumaran. Both men launched state to address the Australian their final appeals, known as judicial

parliament in March last year,

reviews, last August.

Australian leaders can highlight the close relations that exist between

Although the outcome of Sukumaran’s

Indonesia and its southern neighbour.

review has yet to be announced, the likelihood is that he, like Chan, will not

Presently, the two countries cooperate

be given a reprieve. Instead, it is likely

on a range of issues of concern to both,

that both will be pinning all their hopes

including counter- terrorism, people

on the mercy of President Yudhoyono.

smuggling and illegal fishing. Additionally, some 400 Australian firms

The Australian Government has pledged operate in Indonesia and bilateral trade to do all it can to help Chan. Sukumaran was worth 11.3 billion Australian dollars can expect the same assistance if his

in 2009. Close to 14,000 Indonesian

appeal fails.

students studied here in 2010.

"I’ll be happy to do whatever is

Indonesia is also the largest recipient of

necessary to put as much force as we

Australian aid funds, worth an

can into the appeal for clemency for

estimated 458.7 million Australian

Andrew Chan, including personally

dollars in the last twelve months alone,

involving myself," said Australian Prime

according to Australia’s Department of

Minister Julia Gillard, who also

Foreign Affairs and Trade.

reiterated the government’s opposition to the death penalty, the day after the Page 9

While this strong and growing bilateral

http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

relationship places Gillard government

intercede for the Bali bombers while

representatives in a good position from

then foreign minister, Alexander

which to call on Yudhoyono to grant

Downer, was particularly blunt.

clemency to Chan and, if required, Sukumaran, considerable obstacles

"The Australian government will not lift

stand in the way of achieving that goal.

a finger to support these three people who killed 88 Australians in Bali,"

Indeed, Yudhoyono’s own views on the

Downer famously said.

matter loom as a major challenge for Australian officials. The Indonesian

One month prior to leading the

leader is regarded as a staunch

Australian Labor Party to victory in

supporter of capital punishment,

elections that year, then-opposition

including for those convicted of drug

leader Rudd said that his government

trafficking. Since coming to power in

would never seek clemency for a

2004, he has consistently maintained

terrorist on death row, despite having

that he will not pardon drug convicts.

previously argued that the death penalty "is unacceptable in all

But any Australian efforts to influence a circumstances and in all jurisdictions." change of mind in Yudhoyono will undoubtedly be severely weakened by

The Gillard government now faces an

the attitudes of previous governments

uphill battle to persuade Yudhoyono to

to the death sentences handed down to grant clemency to Chan and, in the most three Indonesian Islamist militants in

likely scenario, to Sukumaran too. (END)

2003. Convicted for their roles in the 2002 Bali bombings in which 202 people died,

INDIA: Noose Not Mandatory

including 88 Australians, the three men

for Drug Crimes, Rules Court

were executed by firing squad in November 2008.

By Ranjit Devraj NEW DELHI, Jun 22, 2011 (IPS) - By striking down a law that makes the

Despite Australia’s long-standing opposition to capital punishment, former prime minister John Howard

death penalty mandatory for drugrelated offences, the Bombay High Court has raised hopes among rights

stated in 2007 that he would not Page 10

Crime and Justice — Death Penalty and the Right to Life

activists that other countries in the

The Court however, refrained from

region will follow suit.

striking down the law, preferring to read it down instead. Consequently, the

"While we believe the death penalty for sentencing court will have the option drugs – as a mandatory or discretionary and not obligation, to impose capital sanction – has no place in any country’s punishment on a person convicted a legal system, we believe this is a major

second time for possessing drugs in

step in the right direction," said Patrick

large quantities.

Gallahue, analyst with the Londonbased Harm Reduction International

One beneficiary of the ruling is Ghulam

(HRI).

Mohammed Malik, a Kashmiri man sentenced to death by a special NDPSA

Gallahue told IPS, in an e-mail

court in Mumbai in February 2008 for a

discussion, that some of India’s

repeat offence of smuggling charas

neighbours prescribe a mandatory

(cannabis resin).

sentence of death for certain types of drug offences and they argue that it is

Malik was sentenced to death with no

normal for the region.

consideration given to mitigating factors because of the mandatory nature of the

"The removal of the death penalty as a

punishment provided under the NDPSA.

mandatory punishment for drug-related crimes by India means that there is less

In general, Indian courts stick by the

cover for other countries in the region

principle that the death penalty should

to defend national policies that go

awarded only in the "rarest of rare"

against international law," Gallahue

case. Hangings, the sole approved mode

said.

of execution in India, are rarely carried out.

The Jun. 16 ruling of the court declared relevant sections of the Narcotic Drugs

The court verdict toning down the

and Psychotropic Substances Act,

NDPSA came in response to a petition

(NDPSA), that imposes a mandatory

filed by the Indian Harm Reduction

death sentence for a subsequent

Network (IHRN), a consortium of non-

conviction for drug trafficking,

government organisations (NGOs)

"unconstitutional".

working for humane drug policies.

Page 11

http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

IHRN assailed the law as "arbitrary,

to drugs," Tandon said. "Laws that take

excessive and disproportionate" to the

away judicial discretion where the

crime of dealing in drugs.

capital punishment is involved are unacceptable, because there may be

Tripti Tandon, who heads advocacy at

mitigating circumstances and individual

the Lawyers’ Collective, a part of the

situations."

network, told IPS that the death penalty is reserved for "very serious offences

Tandon said she hoped that the Indian

that involve the taking of life and this

ruling will set a positive precedent in a

did not apply to possessing or dealing in region notorious for its draconian drug drugs."

laws.

Tandon said she was aware of

Some 32 countries currently impose

widespread concern that India is

capital punishment for offences

considered a major transit point for

involving narcotic drugs and

drugs from the "Golden Crescent" to its psychotropic substances. Of these, 12 northwest and from the "Golden

continue to prescribe mandatory death

Triangle" to its northeast. "But the fact

sentences for drug crimes.

is trafficking in this country rarely involves violent crime," she said.

In Iran and China drug offenders constitute the vast majority of those

"Officially, India sees drug trafficking as

executed. In May last year, the Court of

an economic offence that is dealt with

Appeal in Singapore upheld the

by the department of revenue." Tandon mandatory death sentence imposed also pointed out that Indian society has

upon a young Malaysian for possession

traditionally been tolerant of a certain

of heroin.

level of the use of such substances as cannabis and opium, which, in their

According to Gallahue less than five

unrefined state, are not as harmful or

percent of the world’s countries impose

addictive as refined derivatives such as

and carry out the death penalty for drug

heroin.

-related offences. "That is a very small minority of states and those that still

"The Bombay High Court ruling is a

impose a mandatory death sentence for

recognition of the principles of harm

drugs are an extreme fringe for both

reduction and human rights in relation

capital punishment and drug policies. Page 12

Crime and Justice — Death Penalty and the Right to Life

and Mahmoud Farooq Abdulsamad "Finally, there is not – nor has there

during the protests.

ever been – any credible evidence that the death penalty for drugs serves as a

The execution was issued by the

deterrent," said Gallahue. "Capital

National Safety Court, a special court

punishment is a wildly inappropriate

created when Bahrain declared a state

response to drugs." (END)

of national safety - a close approximation to martial law - in March 2011.

BAHRAIN: Tribunal-Issued

The state of national safety was lifted

Death Sentences Cause

on Jun. 1, but the National Safety Courts

Outcry By Matthew Cardinale

are continuing their work in the prosecution of many pro-democracy activists, Faraz Sanei, Bahrain researcher for the Middle East and

ATLANTA, Georgia, U.S., Jun 11, 2011

North Africa Division of Human Rights

(IPS) - Democracy advocates in the

Watch, told IPS.

United States are troubled by the pending execution of two men who took According to BNA, the special courts part in anti-government protests in consist of two civil judges and one Bahrain.

military judge "in order to ensure the fairness of the judicial system in the

As some governments around the world Kingdom and safeguards the suspects’ are enacting, and even expanding upon, right for fair trials and allowed them to U.S.-inspired anti-terrorism policies -

appeal the verdicts."

particularly in the wake of prodemocracy movements that have swept But the trials were held behind closed Egypt and Tunisia - Bahrain is taking doors, and the men all pled not guilty. things to a new extreme.

The men were held in undisclosed locations in the weeks leading up to the

Ali Abdulla Hassan Al Sinkees and

trials, and were denied communications

Abdulaziz Abdul Ridha Ibrahim Hassan

with family, friends, and attorneys.

were convicted on Apr. 28 for killing two policemen - Kashef Ahmed Mandhour Page 13

The government of Bahrain produced a

http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

video of what appears to be the convicted men admitting to the killings

Bahrain crushed the popular uprising

and describing how they carried them

with military help from Saudi Arabia and

out, Sanei said. However, considering

other Gulf nations. The government has

they pled not guilty, advocates like

detained hundreds of citizens since the

Sanei worry the two men may have

state of national safety was declared.

been tortured. One of the individuals detained, Many of the protesters jailed since the

Mohammed al-Tajer, is a human rights

March demonstrations appear to have

lawyer who was planning to defend the

been tortured, according to the Bahrain men who received the death penalty. Center for Human Rights, a group officially banned in Bahrain. HRW

In addition, the two were tried under a

believes the reports of torture to be

2006 anti-terrorism law in Bahrain

credible.

which mandates the death sentence for those convicted. Legal scholars have

Two other men who originally received

criticised the laws there for employing

death sentences had their sentences

an overly broad definition terrorism

reduced to life in prison by the National which includes "threats to national Safety Court of Appeal in a May 22

unity".

ruling. On May 30, BNA reported the Court of Cassation's Technical Office had Bahrain does not issue death sentences received the case, number 75/2011,

as often as other countries, such as the

appealing the execution ruling of the

United States and Iran, but advocates

National Safety Court of Appeal. The

fear the current sentences could be part

Court of Cassation will be reviewing the of a new wave of death penalties there. appeal. "Our concern is that all executions are Bahrain's King Hamad bin Isa Al Khalifa,

inherently a violation of human rights.

a Sunni Muslim, declared a state of

It's a cruel, inhumane, and degrading

national safety on Mar. 15 in response

punishment," said Brian Evans, a

to pro-democracy protests led by Shiite

campaigner for Amnesty International

Muslims activists who are calling for

USA's Death Penalty Abolition

more rights and freedoms under the

Campaign.

monarchy. Page 14

Crime and Justice — Death Penalty and the Right to Life

"Beyond that, we're very concerned

everywhere and under all

civilians have been tried behind closed

circumstances. I remind you that we

doors in a military court and I believe

had, April 24, denounced the death

their first appeal was also behind closed sentence at trial of several people doors in a military court. That amounts

following the events of recent weeks

to an unfair trial," he said.

[which] have shocked and saddened Bahrain," a spokesperson for France's

"We would like to see a new trial that

Ministry of Foreign Affairs and European

meets international trial standards,"

said in a statement.

Evans said. "It is time to seek ways of a sincere But Evans noted Bahrain may not be the dialogue between the parties and only nation with this problem.

reconciliation, the only lasting solution to the political crisis in Bahrain. Respect

"We [the U.S.] are getting ready to have for fundamental freedoms and the fair military trials of our own... [where the

administration of justice and

accused] could face the death penalty as transparency are essential to carry out well," Evans said.

such a process," the statement said.

The European Union (EU) and the nation Earlier this week, on Jun. 7, U.S. of France have been among those

President Barack Obama met with

outspoken in opposing the pending

Bahrain's Crown Prince, Salman bin

executions in Bahrain. The United

Hamad Khalifa, in a U.S. visit that was

States, a major military ally of Bahrain,

not pre-announced.

has been less critical. Obama's response to the apparent "These death sentences risk further

human rights violations in Bahrain has

exacerbating recent tensions in Bahrain been "kind of tepid", Evans said, noting and as such, present an obstacle to

the double standards of U.S. foreign

national reconciliation," Catherine

policy. "The U.S. position has been

Ashton, Foreign Affairs Chief for the EU, different than it was with Egypt," he said in a statement.

said.

"France, like its European partners, is

Prince bin Hamad Khalifa has promised

resolutely opposed to the death penalty to facilitate a period of national Page 15

http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

dialogue next month, although it is

by Chinese legal scholars who argued

unclear how opposition leaders will be

that too many people were being

able to take part in this dialogue when

unfairly executed for committing trivial

hundreds of them are in jail.

crimes. The group had previously

(END)

persuaded Communist Party authorities to require Supreme Court approval for all death sentences and to make

Death Penalty Popular in China By Gordon Ross

confessions obtained by torture inadmissible in capital cases. In another move to reduce the number of people China puts the death, the

BEIJING, Jun 10, 2011 (IPS) - Despite government efforts to curb the number of people it puts to death, China continues to execute more people than the rest of the world combined, and corporal punishment remains popular among the citizenry. In February, China reduced the number of crimes punishable by death to 55, down from 68. Crimes that no longer warrant the death penalty include smuggling gold and silver, cultural relics

Supreme People’s Court in late May announced a two-year suspension of execution for condemned criminals if an execution is not deemed immediately necessary. In 2007, the Supreme Court took over the authority to review all death penalty sentences. The court said in its report that the death penalty should only be applied to "a very small number" of criminals who have committed "extremely serious crimes."

and rare animals; forging or falsely selling tax invoices; teaching crimecommitting methods; robbing ancient cultural ruins; and carrying out fraudulent activities with letters of credit or financial bills. Individuals over 75 years old are also exempt from the death penalty.

The impact these changes will have on the total number of people China executes is uncertain. The death penalty was seldom used for the 13 crimes scrapped in this year’s ruling, and the vast majority of executions in China are for aggravated murder and large-scale drug trafficking – something unlikely to

The changes were the result of a push

change despite the reforms. Page 16

Crime and Justice — Death Penalty and the Right to Life

Jiang Bo, a 26-year-old IT engineer in Although the government does not

Beijing, agrees.

release information about the number of people it executes, the human rights

"In China, if death sentences are

group Amnesty International has

suspended for several years, sometimes

estimated that China kills thousands of

this means the person has a chance to

people each year. The group last year

be exempted from the death penalty,"

refused to release its estimate of the

Jiang tells IPS. "People who do evil

number of people put to death in China things must die." to protest China’s practice of secret executions, but the Dui Hua Foundation, There is some evidence that support for a San Francisco-based human rights

the death penalty is softening. A 1995

groups, estimates that just under 5,000

study by the Institute of Law, the

people were executed in 2009.

Chinese Academy of Social Sciences and the National Bureau of Statistics, found

Public support for the death penalty

that 95 percent of Chinese approved of

remains high in China. According to a

the death penalty. In a 2003 survey of

survey last year by Sina.com, China’s

16,000 netizens by Netease.com, those

largest news portal, over 75 percent of

in favour of corporal punishment

Chinese favoured keeping the death

dropped to 83 percent, and dropped

penalty, compared with just 13.6

again eight percentage points in the

percent opposed.

Sina.com survey.

"An eye for an eye, a tooth for a tooth. I Liu Wenjuan, a 30-year-old interior support the death penalty," says Yu

designer, thinks the death penalty is

Dahai, a 24-year-0ld office manager in

warranted in cases of murder, drug

Dandong city, Hubei province.

dealing and other "nefarious" crimes, but she supports the Supreme Court’s

Yu disagrees with the People’s Court

decision to review some sentences. "I

decision to suspend some death penalty think it is a better idea to let a convict sentences for two years, arguing that

rethink his crimes for another two

because of corruption in the legal

years, so he can learn what’s right and

system some suspended sentences will

wrong."

lead to early releases and more crime. Zheng Fengtian, a professor at Renmin Page 17

http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

University of China who supports abolishing the death penalty, says the

HARARE, Jun 9, 2011 (IPS) - In her glory

practice does little to deter crimes,

days, death-row inmate Rosemary

results in people dying for crimes they

Khumalo (66) lived life dangerously on

didn’t commit, and is grossly overused

the edge. She was a sanguinary fortune

in China.

hunter who would resort to anything, even murder, to land her loot, according

"China contributes two-thirds of the

to court records of her trial.

world’s executions," Zheng says. "India, which has a similar population size as

Her last crime in 1998, which ended

China, executes only 30 convicts a year. with the murder of her businessman Even if we don’t abolish the death

suitor Maxwell Sibanda, marked the end

penalty we need to reduce the number

of her life of crime, and ushered in her

we execute."

new life as a death-row inmate at Zimbabwe’s notorious Chikurubi

Zhang Qingsong, director of Beijing

Maximum Security Prison in 2000.

Shangquan Law Firm and deputy director of the Beijing Lawyers

Convicted of the murder of Sibanda and

Association, says the government

armed robbery in 2000 and sentenced

reforms are a step in the right direction

to death, now a frail and pale shadow of

but that further reforms are needed.

her former self, Khumalo has been waiting for her execution for over a

"Currently we have too many crimes

decade.

that would warrant the death penalty, most of which are non- violent," Zhang

"I have petitioned the President (Robert

tells IPS. "We can’t wait until all Chinese Mugabe) for clemency more than five people agree to abolish the death

times. Two of these petitions have been

penalty." (END)

turned down while three have not yet been responded to.

ZIMBABWE: They Live by the Sword, But Should They Die

"I am now frail and suffer ill heath. I have become hypertensive and all I plead for is mercy. This waiting, not

by the Sword?

knowing when I will be executed has

By Nyarai Mudimu

become torture that is worse than the Page 18

Crime and Justice — Death Penalty and the Right to Life

death sentence I am waiting for,"

Prime Minister Prof Arthur

Khumalo told IPS from her cell at

Mutambabra’s Movement for

Chikurubi Maximum Security Prison.

Democratic Change- Mutambara (MDCM) states: "Every human being has the

While Khumalo has been on death row

right to life and may not be deprived of

the longest, she is not alone; there are

it intentionally. A law may permit the

51 others awaiting execution in

death penalty to be imposed on persons

Zimbabwe. The last person to be

convicted of murder but the penalty

hanged in this southern African country may be carried out only in accordance was Mandlenkosi ‘Never’ Masina

with a final judgment of a competent

Mandha who was executed in July 2005. court…" (Although the MDC-T is a signatory of the Kariba draft they have Zimbabwe is drafting a new constitution backtracked on its contents and now say and during the consultative outreach

their position is anti-capital

programmes, mixed reactions were

punishment.)

recorded. Both President Robert Mugabe’s Zanu PF and Professor

While the politicians call for the

Lovemore Madhuku’s National

retention of the death penalty, civic

Constitutional Assembly (NCA) agree on society has been engaged in a spirited the retention of the capital punishment campaign against it. on Zimbabwe’s statutes. The Catholic Commission for Justice and NCA’s draft constitution states that: "As Peace Alouis Chaumba said his part of the Bill of Rights, this draft

organisation was lobbying the minister

proposes that the death penalty be

of justice and legal affairs Patrick

abolished in Zimbabwe in respect of all

Chinamasa for the review of the death

other offences except serious cases of

penalty. Human rights activist and

murder."

lobbyist for the abolishment of the capital sentence Sanderson Makombe

Section 37 of the controversial Kariba

believes now is the time for Zimbabwe

draft signed by the three parties in the

to remove ‘this uncivilized sentence’

government of national unity (Zanu PF,

from its statute books.

Prime Minister Morgan Tsvangirai’s Movement for Democratic Change-

"There is no scientific evidence to

Tsvangirai (MDC- T) and the Deputy

support the death sentence as a

Page 19

http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

deterrent to criminal behavior

death sentence. There is restraint on

compared to other forms of

the death sentence from the courts,"

punishment.

said Majome, who is also a Member of Parliament.

"The death penalty is retributive and justified vengeance with the high costs

In support of this Zimbabwe’s two

of the litigation far outweighing life in

former Chief Justices are recorded to

prison sentences," said Makombe.

have voiced their concern over executions. The late former Chief Justice

He said if put to a referendum, the

Enoch Dumbutshena is noted to have

majority of Zimbabweans might favour

said: "I believe that many people we

its retention on the country’s laws.

sentence to death for killing somebody should not be sentenced to death but

"Because we are more prone to want

given a life imprisonment term."

revenge, we do not believe those that kill should be spared and treated

In apparent reference to the capital

differently.

sentence, his successor former Chief Justice Antony Gubbay is recorded as

"In fact, the majority will probably say

having said: "What may not have been

prisoners have no rights at all. They

regarded as inhuman or degrading a few

forfeit their rights when they commit

decades ago may be revolting to new

crime. However, the arguments for

sensitivities, which emerge as

abolishing are technical and not

civilization advances."

populist," noted Makombe. Makombe explained that Britain only Because of the long lapse since the last

abolished the death penalty in 1964

execution, former deputy minister of

after reviews showed that some people

justice and legal affairs Jessie Majome

had been executed following erroneous

believes Zimbabwe could be on the road court judgments. to the abolishment of the death sentence.

"Equally tragic mistakes have been made by the courts in Zimbabwe. An

"The country executed in 2005 and if

innocent woman Sukholuhle Kachipare,

you check the trends in our courts, you

who was on death row for a long time in

will notice the reluctance to impose the Chikurubi Maximum Security Prison was Page 20

Crime and Justice — Death Penalty and the Right to Life

only released in 2001 following a

based on fabricated evidence by the

judgment review that showed she was

state. He claims a pathologist was

innocent," said Makombe.

bribed to falsely testify that he had carried out a post-mortem on the body

Globally, more than 96 countries have

of William George Wandyaka, the man

abolished the death penalty for all

Mpagi and Masembe were accused of

crimes, eight for ordinary crimes and 43 murdering. are de facto abolitionists (countries with a death sentence but haven’t used it in

Mpagi was released from prison in July

the last 10 years and have committed

2000 after receiving a presidential

not to use it). Africa has 15 countries

pardon. He spends much of his time

that have abolished the death sentence campaigning against the death penalty. while 21 have committed not to use it

Excerpts of the interview follow.

although it is still in the statutes. Q: Why are you opposed to the death (END)

penalty? A: I’m campaigning against the death

UGANDA: ‘So Many Innocent People Are Dying’ Wambi Michael interviews EDMARY MPAGI, Ugandan death penalty abolitionist

penalty because there are so many people (awaiting) execution or who were executed when they were innocent. The death penalty is also cruel and barbaric in nature. There are so many people who are dying when they are innocent, for example, the poor who

KAMPALA, Jun 7, 2011 (IPS) - Edmary

cannot afford legal representation.

Mpagi and his cousin Fred Masembe

Some are accused of capital offenses

were convicted by a Ugandan court and because of grudges, and some are sentenced to death for the murder of a

convicted because of poor police

man who was later found alive.

investigation. Though some commit crimes, it is better to free 99 people

Masembe died in prison before he could instead of killing one innocent one. face the gallows while Mpagi spent 18 years waiting to be executed by the

Q: Has your campaign yielded any

state. Mpagi said his conviction was

results at home and elsewhere?

Page 21

http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

years on remand. My cousin and I could A: Yes. I have worked with Amnesty

not believe that a legal system would

International at the United Nations

convict innocent people.

campaigning for a moratorium on executions among U.N. member states.

Q: So your conviction was due to an

In Uganda, 170 death row prisoners

error in the justice system then. Is this

have been pardoned. Sentences of 400

common in Uganda?

prisoners on death row were commuted to life sentences following our appeal to A: I have always said that errors in the the Constitutional Court. The court

justice system have lead to the

ruled that the mandatory death penalty execution of innocent people. My was unconstitutional. That was good for conviction was a typical example... In a us but we wanted the court to equally

country like ours where police

declare the death penalty itself

investigations are done from the office,

unconstitutional. But the judges did not. you cannot rule out (the possibility) that We have not had an execution since

the evidence they take to courts is

1999, though there are 100s of

defective and leads to wrongful

prisoners on death row in Uganda.

convictions.

Q: What personally drives you to

Most of the prisoners who were

campaign against the death penalty?

executed while I was on death row were innocent but faced the gallows because

A: I would not be talking to you today if

they were poor. They could not afford

the state had murdered me… We had a

to hire lawyers to defend themselves. In

full trial and the state called several

our case we had a state lawyer whom

witnesses. The judge and the assessors

we only met twice. We did not have a

concluded that the state had proved its

lawyer in the real sense. There are also

case beyond a reasonable doubt and

cases of widespread torture during

was satisfied that we committed the

interrogations so some suspects,

offence. We were convicted and

especially in treason cases, end up

sentenced to death. All this happened

admitting to crimes they have not

while George William Wandyaka, the

committed.

man they claimed we had killed, was hiding in Jinja district and enjoying life. I Q: What was life like on death row? spent 18 years on death row and two Page 22

Crime and Justice — Death Penalty and the Right to Life

A: Life is terrible on death row in

doors of the gallows sprang open and

Uganda. No one was ever given any

the prisoners were dropped to their

notice that they would be executed.

death. We would then hear the corpses

Each time we were taken by complete

fall with a loud bang on the death table.

surprise. We lived in complete fear of

(END)

any unusual activity from the wardens. In Uganda, conditions for death row prisoners are cruel, degrading and inhumane. We were always denied

DEATH PENALTY-INDIA: Clemency Denial Opens Can

medication. In 1984 my cousin

of Worms

developed malaria and stomach

By Ranjit Devraj

complications. I pleaded with the prison authorities to give him treatment but they told me that we were brought to prison to face death and that it was a waste of taxpayer's money to treat him. My cousin died in 1985. This really scared me.

NEW DELHI, Jun 3, 2011 (IPS) - In a country where capital punishment is rare, human rights activists are surprised by a sudden move to hang a Sikh separatist militant convicted for bombing attacks on a senior police officer and a Congress party politician in

Q: Were there executions at the time

the early 1990s.

you were in prison? Devinder Singh Pal Bhullar, a member of A: There were five rounds of executions. The last one was in 1999, where the state executed 28 prisoners. But to make matters worse for the inmates, executions were carried out in a nearby place. We would hear the crying of

the Khalistan Liberation Force, was sentenced to death on charges of conspiring to kill Punjab police superintendent Sumedh Singh Saini in 1991 and Congress party leader Maninderjit Singh Bitta in 1993.

inmates (before their execution). Executions normally took place at night. When a prisoner reached the gallows, we would all listen. After a few moments, we would hear a loud sound like a sudden explosion, as the trap

Page 23

On May 25, Indian President Pratibha Patil, who holds a largely ceremonial position, suddenly denied him clemency after keeping frozen for more than eight

Título del documento http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

years his petition for mercy. The decision has stirred up a political storm

SAD’s petition said intervention by the

in the northwest Indian state of Punjab, prime minister would ensure that the which faces provincial elections next

"atmosphere of acrimony, suspicion and

year.

estrangement between the Sikhs and the Centre is not vitiated any further."

"This is surprising because the Indian government has shown reluctance to

SAD was referring to the 1984 anti-Sikh

resort to the death penalty, and has

pogrom that engulfed the national

been seen as moving in the direction of

capital after Prime Minister Indira

eliminating capital punishment," Maja

Gandhi was assassinated by her Sikh

Daruwala, director of the

bodyguards to avenge the army raid she

Commonwealth Human Rights Initiative, ordered on the Golden Temple in told IPS.

Amritsar in Punjab. That raid aimed to remove separatist militants who had

Punjab is currently ruled by the Sikh

turned Sikhism’s holiest shrine into an

Shiromani Akali Dal (SAD) political party armed fortress. in alliance with the pro- Hindu Bharatiya Janata Party (BJP) on a common stand

A trial court sentenced Bhullar on Aug.

of opposing the professedly secular

25, 2001, sorely testing India’s justice

Congress party that rules at the centre.

system as well as the principle laid down by the Supreme Court that the death

SAD members, who have been

penalty should be awarded only in the

sympathetic to the cause of autonomy,

"rarest of rare" cases.

if not independence, for Punjab, as well as local leaders of the Congress party

On Dec.17, 2002, Bhullar’s death

unit there, have appealed for a review

sentence was upheld when two of the

of Bhullar’s clemency petition.

three-member Supreme Court bench voted to convict, while presiding judge

In a petition, SAD has sought the direct

M.B. Shah voted to acquit.

intervention of Prime Minister Manmohan Singh, himself a Sikh, to

Navkiran Singh, general secretary of the

save Bhullar’s life "on grounds of

Lawyers for Human Rights International

humanitarianism and civilised concern

(LHRI) based in Chandigarh, the capital

and, above all, the national interest."

of Punjab and Haryana, said the split Page 24

Crime and Justice — Death Penalty and the Right to Life

decision showed that Bhullar’s case did

appeal to the President, dated May 25.

not satisfy the principle that, in cases where the death penalty is awarded,

According to the LHRI petition, Bhullar’s

proof should be "beyond reasonable

father and maternal uncle were

doubt."

arrested in 1991 and tortured to death while in police custody. The Punjab and

Singh told IPS that it is noteworthy that

Haryana High Court ordered the filing of

Bhullar was the first person in

cases against Saini, a member of the

independent India to be condemned to

elite Indian Police Service, for the

death on a split verdict by a Supreme

custodial deaths.

Court bench. Judges Arijit Pasayat and B.N. Agarwal, whose majority decision

Bhullar was charged with plotting to kill

prevailed, had controversially ruled that Saini but was acquitted by a lower court the principle "beyond reasonable

in Chandigarh in December 2006 for

doubt" should be a "guideline and not a lack of worthwhile evidence, the LHRI fetish."

petition pointed out.

There were other controversies

Bhullar’s conviction rested entirely on a

surrounding Bhullar’s case. After he was confession, made under duress, which deported in December 1995 from

becomes admissible as evidence under

Germany where he had sought asylum,

the draconian Terrorist and Disruptive

a court in Frankfurt ruled that he should Activities Prevention Act (TADA). not have been sent back to India

Normally, confessions made in police

because his life would be in danger.

custody are not admissible as evidence in Indian courts.

Singh said Germany had, by deporting Bhullar, violated the European

The LHRI noted that Daya Singh Lahoria,

Convention on Human Rights and

Bhullar’s co-accused in the case relating

blamed weaknesses in the German

to the bomb attack on Congress party

asylum system for landing him on

leader Bitta, was acquitted.

India’s death row. Lahoria could not be tried under TADA But the flaws in the Indian justice

because that was a condition imposed

system appear far more glaring, and the by authorities in the United States to LHRI has listed some of these in an Page 25

which he had fled and from where he

Título del documento http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

was extradited. In fact, dissenting Supreme Court judge Shah pointed out that since the "rest of the accused, who are named in the confessional statement, are not convicted or tried,"

TAIWAN: No Indictment Over Wrongful Execution By Dennis Engbarth

there could not have been a conspiracy. TAIPEI, Jun 1, 2011 (IPS) - Taiwan "It is trite to say that one person alone can ever be held guilty of criminal conspiracy for the simple reason that one cannot conspire with oneself," Shah had ruled.

prosecutors certified that Air Force private Chiang Kuo-ching had been wrongfully executed in August 1997 for the rape-murder of a five-year-old-girl at an air force headquarters compound in Taipei, but failed to indict any of the

Daruwala said she hoped the Indian state would stand firm against any pressure, political or otherwise, to

nine military officers responsible for extracting his "confession" through torture.

abandon its stand on the death penalty, that it should be resorted to rarely, and that guilt should be proven beyond reasonable doubt.

A decade-long campaign by his father, Chiang Chih-an and mother Ms Wang Tsai-lien and human rights lawyers who maintained that Chiang had been

Activists say India could play a key role in furthering the cause of human rights internationally, as underlined by its election on May 11 to the 47-nation United Nations Human Rights Council,

tortured into making a false confession finally led to a call by the Control Yuan, Taiwan’s watchdog branch of government, to open the case May last year.

winning 181 votes from 189 countries. On May 23 this year, the Special However, ahead of the election, the London-based Amnesty International urged the Indian government to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. (END)

Investigation Division of the Supreme Prosecutors Office announced that its re -investigation of the case had shown clearly that Chiang Kuo-ching was innocent of the rape- murder, and filed an indictment for murder against Hsu Jung-chou, 34, who had served in the

Page 26

Crime and Justice — Death Penalty and the Right to Life

Air Force Operations Command

retired air force general who served as

together with Chiang, and asked for a 20 defence minister in President Ma Ying-year sentence.

jeou’s right-wing Chinese Nationalist Party (Kuomintang or KMT)

In a 127-page statement, the

administration from May 2008 to

prosecutors acknowledged that a re-

September 2009 and had acted as

examination of the forensic evidence,

convenor of the investigative team in

including a blood-stained razor, toilet

his role as Air Force Combat Operations

paper and a palm print, were not

Command (AOC) commander at the

connected with Chiang and therefore

time of the Chiang case.

had been insufficient to prove that Chiang had committed the crime.

The SID investigation found that in early October 1996 Chen had taken the

Moreover, the prosecutor’s brief

investigation out of the hands of

acknowledged that Chiang had

military prosecutors and asked a team

definitely been subject to compulsion,

of Air Force counter-intelligence agents

intimidation and abuse by the

led by then Air Force colonel Ko Chung-

interrogating Air Force counter-

ching to assist in the investigation even

intelligence officers and that his

though they did not have the judicial

"confession" which was the primary

status of military prosecutors or military

basis for his conviction by a military

police.

tribunal, was "not voluntary" and was extracted by "torture".

The SID brief said Chen had "illegally instructed" the officers to "give it a try"

However, citing the passage of a 10-year to "break the mental defences" of statute of limitations for the offences of Chiang and other suspects by "coercion" and "intimidation and

"intensifying interrogation methods".

endangerment,", which carry maximum penalties of less than three years

The SID brief detailed how Ko Chung-

imprisonment, the SID prosecutors did

ching and other Air Force counter-

not indict any of the nine former

intelligence agents had handcuffed and

military officers responsible, including

blindfolded Chiang and dragged him to

two former defence ministers.

an underground bunker at the AOC headquarters and subjected him to four

Leading the list was Chen Chao-min, a

Page 27

hours of intense interrogation under

Título del documento http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

continuous and high intensity light,

Chiang’s mother, Ms Wang Tsui-lien,

compelled him to repeated watch video also said the SID decision not to indict of the autopsy of the murder victim,

Chen Chao-min or other officers was

forced him to squat and engage in

"unacceptable" and said that she would

exercises, and used electric cattle prods "never forgive" her son’s torturers. to beat the enlisted man. During an unsuccessful attempt to meet The confession extracted in this process with Chiang’s mother and issue a was used as decisive evidence in a

personal apology on the evening of May

subsequent military tribunal despite

25, the former defence minister told

Chiang’s retraction and declaration that news media that "there had been he had been tortured.

administrative shortcomings" in the handling of the case.

Nevertheless, the SID refrained from indicting the officers for "causing death

"This result falls far short of President

through abuse of the power of

Ma Ying-jeou’s declaration in February

prosecution," an offence which can

that the government would clarify the

carry sentences from 10 years to life

truth, reverse the unjust verdict of the

and which has a 20 year statute of

Chiang case and prosecute the persons

limitation, and stated that the Air Force responsible for this injustice," said officers could only be charged with

Judicial Reform Foundation Executive

"coercion" and "intimidation and

Director and lawyer Lin Feng- cheng.

endangerment," offences which carry maximum sentences of three years or

Presidential spokesman Fan Chiang Tai-

less and have a 10 years statute of

chi stated that Ma believed that the

limitation for prosecution.

government "will deeply re-examine" the errors made by the military in

"This result falls far short of President

handling the Chiang Kuo-ching case and

Ma’s declaration in February that the

"absolutely not have any repetitions."

government would clarify the truth, reverse the unjust verdict of the Chiang National Taiwan University Professor of case and prosecute the persons

Law Chen Tzu-lung, a specialist in

responsible for this injustice," said JRF

transitional justice issues, told IPS that

Executive Director Lin Feng-cheng.

the SID finding that Chiang’s confession was the result of torture was potentially Page 28

Crime and Justice — Death Penalty and the Right to Life

"explosive".

Rasht on October 13, 2009 while attempting to register his church. His

"The decision by the SID not to indict

arrest is believed to have been due to

Chen Chao-min and the other officers

his questioning of the Muslim monopoly

responsible for Chiang’s torture and

on the religious instruction of children

execution was political in nature as the

in Iran. He was initially charged with

prosecutors did not want to take

protesting, however the charges against

responsibility for opening a Pandora’s

him were later changed to apostasy and

Box." (END)

evangelising Muslims. Pastor Nadarkhani has been held in Lakan prison since that time.

WORLD PRESS REVIEW June 2011

He was tried and found guilty on September 22, 2010 by the 1st Court of the Revolutionary Tribunal. The pastor's lawyer filed an appeal on December 5,

This review provides a glimpse of

2010. However, following a 6-month

developments related to death penalty wait for an appeal hearing, the lawyer as reported by media around the

has confirmed that the appeal was

world, in a chronological order from

unsuccessful, although so far there has

the end of June to the beginning of the been no official notification of this month.

failure. Pastor Nadarkhani had been imprisoned

IRAN: DEATH SENTENCE FOR APOSTASY previously in December 2006, on REPORTEDLY UPHELD FOR PASTOR

charges of apostasy and evangelism, but

NADARKHANI

was released two weeks later in January

June 30, 2011: Christian Solidarity

2007. (Source: http://

Worldwide (CSW) reported that the

au.christiantoday.com)

death sentence handed down in 2010 for the crime of apostasy, to evangelical JAPAN: MAN TO HANG FOR KILLING pastor Pastor Yousef Nadarkhani, was

WOMAN, 21

reportedly upheld by the third chamber June 30, 2011: Tatsumi Tateyama, 50, of the Supreme Court in the Shia holy

was sentenced to death by Presiding

city of Qom.

Judge Masanori Hatoko of the Chiba

Pastor Yousef Nadarkhani of the Church District Court in Japan for robbery, of Iran was arrested in his home city of Page 29

murder and arson. Tateyama allegedly

Título del documento http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

killed female university student Yukari

that destroyed it in February, 2006,

Ogino, 21, in Matsudo, Chiba

followed by a wave of sectarian violence

Prefecture, between October 20 and 21, that overwhelmed Iraq’s central 2009, and set fire to her apartment.

provinces and its capital of Baghdad.

(Source: Japan Times)

The Tomb was followed by another explosion in June, 2007, that destroyed

EGYPT: CLERIC APPROVES COP'S DEATH the remaining parts of the two golden SENTENCE

tombs. (Sources: ABNA.ir)

June 28, 2011: in Egypt, Islamic cleric Grand Mufti Ali Gomaa affirmed the

MALAYSIA: RESOLUTION OVER

death sentence handed down to police

MORATORIUM ON DEATH PENALTY

officer Mohamed Abdel Moneim for

June 27, 2011: A resolution calling for an

murder.

immediate moratorium on the

Moneim was sentenced on May 22,

mandatory death penalty in Malaysia

2011, for shooting to death 23

was agreed by a roundtable which

protesters rioting near a Cairo police

discussed it in Parliament.

station on January 28, 2011. Moneim

The resolution also called for capital

told Egyptian television he was just

punishment to be reviewed by a

following orders to protect the police

Parliamentary caucus consisting of

station and had killed no one, firing only NGOs, former judges, lawyers and other into the ground. (Source: UPI.com)

stakeholders. The roundtable, which was made up of

IRAQ: PRESIDENCY RATIFIES DEATH

representatives from NGOs and the

SENTENCE AGAINST TUNISIAN

legal fraternity, met in Parliament and

June 28, 2011: Iraq’s Presidency ratified agreed that there should be further the death sentence against Tunisian

discussions on the matter, particularly

citizen Yusri Fadhil al-Tureiqi for his

for drug offences.

involvement in the destruction of the

In a statement, the roundtable said drug

Tomb of the Askari Imams in Samarra

offences were not classifiable as “a most

city in 2006, according to al-Iraqiya TV

serious crime” and should not be dealt

Channel. “The (Iraqi) Presidency has

with by capital punishment.

issued a number of Presidential

It also said that there was no proof that

decisions, ratifying the death sentences the death penalty was especially against a number of convicts.” The

effective in reducing crime.

Tomb had been target for an explosion

“The mandatory death penalty for drug Page 30

Crime and Justice — Death Penalty and the Right to Life

traffickers and drug mules has had

June 26, 2011: An Indonesian maid

virtually no impact on the drug trade.

convicted of murder in Saudi Arabia has

Instead, drug related offences and

been spared execution by beheading

addiction have been on the rise in

after the Indonesian government paid

Malaysia since the 1983 amendment to

Rp 4.6 billion ($534,000) in “blood

the Dangerous Drugs Act 1952 which

money."

brought in the mandatory death

Foreign Ministry spokesman Michael

penalty,” it added.

Tene confirmed the news on Sunday,

It also said the punishment was

saying that the compensation, or diyat,

irreversible and was too great a

to spare the life of Darsem has been

responsibility to be burdened on a

paid by officials from the Indonesian

judge.

Embassy in Riyadh to the head of the

The statement said as of Feb 22 this

court in the Saudi capital.

year, a total of 696 inmates were on

“The court immediately issued a verdict

death row. Of that, 676 were males and to repeal her qisas sentence,” Michael 20 were females with 90% of them aged said, referring to the reprisal system between 21 to 50 years old.

under Shariah law. “Darsem is now

The inmates were sentenced to death

released from the death sentence."

mainly for drug offences (479) followed The funds were taken from the Foreign by murder (204) and illegal possession

Ministry’s protection budget and

of firearms (13).

transferred to the embassy ahead of the

The roundtable, which was chaired by

July 7 deadline.

Puchong MP Gobind Singh Deo, has four Darsem, from Subang, West Java, was panelists – former federal judge Datuk

convicted in May 2009 and sentenced to

Seri Gopal Sri Ram, Bar Council

death despite her plea that she had

president Lim Chee Wee, Attorney

killed the victim in self-defense because

General’s Chambers representative DPP he had attempted to rape her. Datuk Nordin Hassan and Suhakam

In January, the victim’s family forgave

chairman Tan Sri Hasmy Agam. (Source: Darsem and agreed to spare her, but The Star)

only if she could afford to pay the compensation.

SAUDI ARABIA: ‘BLOOD MONEY’

Michael said the court would hand over

PAYMENT SPARES INDONESIAN MAID

Darsem’s case for review to the Riyadh

FROM EXECUTION

local administration, which would decide whether Darsem should serve a

Page 31

Título del documento http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

prison term or be exonerated.

explained "Baccouche also supports his

“If she has to serve more time in prison, themes of a Euro-Mediterranean vision, there is a possibility to appeal for

that moves from single nations towards

clemency from the king [King

a regional level."

Abdullah],” Michael said.

The Radical delegation also met various

Anis Hidayah from advocacy group

human rights associations in

Migrant Care said the diyat payment

preparation for the Party's General

was “necessary” but should not set a

Council to be held in the Tunisian capital

precedent. “It is ironic that Darsem had

on July 22nd to 24th. (Source: AGI)

to pay for the crime she unintentionally committed to defend herself from being INDIA: 4 MAOISTS GET DEATH FOR raped,” Anis said.

J'KHAND MASSACRE

Darsem’s sparing came a week after the June 24, 2011: Judge Indradeo Mishra of beheading of another Indonesian maid,

the Giridih additional district and

Royati binti Sapubi, prompted to

sessions court in India sentenced four

government to announce a moratorium Maoists to death for the 2007 Chilkhari on Indonesian workers heading to Saudi massacre. Arabia from Aug. 1. (Source: Jakarta

Jeetan Marandi, Anil Rajwar, Manoj

Globe)

Rajwar and Chhatrapati Mandal allegedly killed 20 people in the

TUNISIA: RADICALS SAY TUNISIA

presence of hundreds of villagers taking

MOVING TOWARDS ABOLITION

part in a cultural programme and a

June 24, 2011: Tunisia is moving

football match at Chilkhari village under

towards the abolition of the death

Deori police station on October 27,

penalty and joining the International

2007. (Source: Times of India)

Criminal Court. The two objectives are central to the meeting of the

MOROCCO: WORLD COALITION AGM

Transnational and Transparty

OPENS WITH PLEA FOR ABOLITION

Nonviolent Radical Party delegation and June 24, 2011: Morocco is moving the transitional Tunisian government.

gradually towards the abolition of the

Education minister Taieb Baccouche

death penalty and the adoption of the

assured the Radicals, led by Marco

draft constitutional revision on July 1,

Pannella, of the Tunisian commitment

which establishes the right to life, will

at the next UN General Assembly: "With accelerate this process, a senior Pannella" Senator Marco Perduca

Moroccan official. Page 32

Crime and Justice — Death Penalty and the Right to Life

“Morocco is moving gradually towards

ambassador to Morocco, and

the abolition of the death penalty,” said Abderrahim Jamai, of the Moroccan in Rabat the Ministry of Justice’s

Coalition against the death penalty.

director for penal affairs Mohamed

(Source: worldcoalition.org)

Abdennabaoui, “If the proposed constitutional

GEORGIA (USA): MAN EXECUTED FOR

amendment that enshrines for the first

1978 RAPE AND MURDER

time the right to life is adopted on 1

June 23, 2011: Georgia executed by

July, it will speed up the process to

lethal injection a man convicted of

abolish the death penalty,” said

raping and murdering a 78-year-old

Abdennabaoui, who leads the most

Savannah woman.

important branch of the Ministry of

Roy Blankenship, 55, was sentenced to

Justice of Morocco.

death for the 1978 murder of Sarah

Mr. Abdennabaoui was speaking on the Mims Bowen, who died of heart failure sidelines of the opening of the General

after she was raped and beaten in her

Assembly of the International Coalition

apartment.

against the Death Penalty, held for the

It was the state's first execution using a

first time in an Arab country.

new sedative, pentobarbital, in place of

A draft reform of the current Moroccan sodium thiopental. constitution, which strengthens the

In March, agents with the U.S. Drug

powers of the Prime Minister while

Enforcement Administration seized

preserving the political and religious

Georgia's supply of sodium thiopental,

powers of the king, will be submitted to which attorneys for several death row a popular referendum on July 1.

inmates said Georgia had improperly

“I personally am in favor of the death

imported from England.

penalty be abolished,” has said.

Hospira Inc. of Illinois, the only U.S.

Some 103 death row prisoners,

company that manufactured sodium

including two women, are awaiting

thiopental, said in January it would stop

execution in Morocco, said

making the drug after Italy, where it

Abdennabaoui, who presented these

planned to move production, objected

figures as the “latest official figures.”

because the European Union has

Participants at the meeting Federico

banned the death penalty.

Mayor Zaragoza, president of the

Several states have either run out of

International Commission against the

supplies of sodium thiopental or

death penalty, Eneko Landaburu, the EU switched to pentobarbital, a barbiturate Page 33

Título del documento http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

often used to euthanize animals.

update on the case.

Georgia now has executed 50 men since Arkansas has not executed anyone since the U.S. Supreme Court reinstated the

2005, in part because of legal challenges

death penalty in 1976. Blankenship was to the state’s method of execution. the 27th inmate put to death by lethal

Several other executions have been

injection in Georgia, which has 100 men stayed because of court challenges. and one woman on death row.

“As we have stated previously, we

Blankenship was the 24th person

respect every decision issued by the

executed in the United States this year.

Supreme Court but are troubled by the

There were 46 executions in 2010.

court’s reasoning in these cases,” Aaron

(Source: Reuters)

Sadler, a spokesman for Attorney General Dustin McDaniel, said today.

ARKANSAS (USA): SUPREME COURT

(Source: Arkansas News)

HALTS THREE EXECUTIONS June 23, 2011: The state Supreme Court FLORIDA (USA): MIAMI FEDERAL JUDGE today halted the executions of three

RULES DEATH PENALTY

inmates who are challenging the

UNCONSTITUTIONAL

constitutionality of lethal injection in

June 22, 2011: A Miami federal judge

Arkansas.

ruled that the way Florida courts mete

The high court issued stays for the

out the death penalty is

executions of Jason Farrell McGehee,

unconstitutional because juries — not

who was scheduled to die July 26; Bruce judges — should be the ones to spell Earl Ward, who was scheduled to die

out which details about the crime justify

Aug. 16; and Marcel Wayne Williams,

execution.

who was scheduled to die July 12.

U.S. District Judge Jose E. Martinez

The three men are plaintiffs in a lawsuit ordered that Paul H. Evans, convicted in filed in Pulaski County Circuit Court

a 1991 murder-for-hire case in Vero

alleging that a 2009 state law

Beach, must receive a new sentencing

authorizing the director of the state

hearing.

Department of Correction to choose the The ruling, likely to be argued in drugs used for lethal injection amounts

appellate courts for years, does not

to an unconstitutional delegation of

strike down Florida’s capital-

authority.

punishment law. But it could force

The Supreme Court today directed the

lawmakers to change the statute, and

circuit court to provide it with a status

could give recent convicts new avenues Page 34

Crime and Justice — Death Penalty and the Right to Life

for appeal, legal experts say.

Florida legal community over the jury’s

“If the case survives appeals, the Florida role in deciding on the death penalty. Legislature is going to have to modify

Florida is one of the few states that

the law to allow jurors to explain why

allow juries to issue death penalty

someone deserves the death penalty,”

recommendations that are not

said Miami attorney Terry Lenamon,

unanimous. Here, 12-person juries

founder of the Florida Capital Resource

recommend by majority vote whether

Center, a support group for death-

someone convicted of first-degree

penalty defense cases.

murder should be executed. But state

Florida Attorney General Pam Bondi,

jurors do not have to check off on an

through a spokeswoman, said

instruction sheet which reasons

Wednesday that her office would

contributed to their decision, as jurors

request a rehearing and appeal the

are required to do in the rare death

decision.

penalty case in federal court.

Legal scholars say Martinez’s ruling

Trial judges in Florida’s state courts

marks the first time a Florida judge has

have authority to override jury

overturned a death sentence under the

recommendations, although in death

U.S. Supreme Court case Ring v. Arizona. penalty cases, they rarely do. In that 2002 ruling, the court held that

Judge Martinez, in the ruling said there

defendants are entitled to have juries

was no way to know if all nine of the

decide on whether any “aggravating

jurors in Evans’ case who voted for

factors” in a crime justify enhanced

death were swayed by the same

punishment.

aggravating factors as the judge. He

Evans was convicted in the 1991 trailer

conceded that jury unanimity may not

park murder of Alan Pfeiffer. Jurors

be constitutionally necessary, but

voted 9-3 for the death penalty in

wrote: “… It cannot be that Mr. Evans’

February 1999. The trial judge imposed

death sentence is constitutional when

death, finding that Evans committed the there is no evidence to suggest that crime for “pecuniary gain” and the

even a simple majority found the

murder was “committed in a cold,

existence of any one aggravating

calculated and premeditated manner.”

circumstance.” (Source:

Whether any convicts will be

miamiherald.com)

resentenced because of Martinez’s ruling remains to be seen, but the opinion has reignited debate in the Page 35

Título del documento http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

EGYPT: DEATH SENTENCE FOR BUS

that contents of the messages and

DRIVER WHO SHOT DEAD 6

conversation of the caller blasphemed

COLLEAGUES

Holy Quran, Prophet and Sahabas

June 22, 2011: the Giza Criminal Court in (companions of the Prophet). Egypt sentenced Mahmoud Suweilam,

A case was registered and District Police

the Arab Contractors bus driver, to

Officer Syed Ali Mohsin set up a special

death for murder.

inquiry committee, headed by then

Suweilam was driving company

Superintendent of Police (Investigation)

employees to a work site in Giza in July

Malik Matloob. The committee

2010, when indiscriminately opened fire collected data of calls and text messages on passengers with a machine gun,

sent by a cell number belonging to

killing six. Suweilam believed a

Abdul Sattar, who was arrested in

colleague was excavating antiquities

Larkana.

under Suweilam’s house. Public

SP Matloob said Sattar had confessed to

prosecutors had called for the severest

have committed the crime. “The

punishment for the defendant,

accused behaved quite normally when

particularly since a psychiatrist's report

arrested,” the SP added. (Source:

found that the driver was mentally

DAWN.com)

stable when he committed the murder. (Source: Almasryalyoum.com)

CHINESE COALMINER SENTENCED TO DEATH FOR MURDERING MAN IN

PAKISTAN: MAN SENTENCED TO DEATH POLLUTION ROW FOR BLASPHEMY

June 21, 2011: A court in China's

June 21, 2011: an additional district and northern region of Inner Mongolia sessions judge in Talagang, Pakistan,

sentenced to death a coal mine worker

sentenced a man to death for

for killing a resident who had

committing blasphemy.

complained about pollution, state

Abdul Sattar, a 29-year-old resident of

media said.

Larkana was sent to prison in Jhelum.

Sun Shuning was convicted of

Mohammad Saeed, of Talagang town,

murdering Yan Wenlong after "a dispute

had filed a complaint with the city police over pollution caused by a coal mine" station on Feb, 2010. He said he had

where Sun worked, the official Xinhua

been receiving derogatory text

news agency said.

messages and calls from a wrong

Sun killed Wen with his forklift, the

number for several days. He told police

report added. Page 36

Crime and Justice — Death Penalty and the Right to Life

"The act was utterly cruel, the crime

rape or drug trafficking. There are a

very serious, and the consequences

number of other things that they said,"

extremely bad," it cited the court in

said Mr Ingraham.

Xilinhot as saying. Xinhua provided no

"For instance a policeman being killed in

other details of the case. (Source:

the line of duty would be something

Reuters)

that we would regard as fitting for the death penalty being imposed. So we're

BAHAMAS: GOVERNMENT PLANS

going to seek to categorise all of those

LEGISLATION TO STRENGTHEN DEATH

and put us in a better position to have it

SENTENCES

upheld by the Privy Council," Mr

June 20, 2011: the Government in the

Ingraham added. (Sources:

Bahamas plans to introduce capital

Tribune242.com)

punishment legislation which will strengthen death sentence cases from

AFGHANISTAN: TWO CHARGED IN

being overturned on appeal by the Privy DEADLY BANK ATTACK EXECUTED Council, Prime Minister Hubert

June 20, 2011: Two men charged with

Ingraham said. The new legislation will

murder for a February bank attack that

specify which categories of crimes

killed 38 people were hanged around

warrant capital punishment and he

11.00 am in Kabul, a spokesman for

plans to bring the law to Parliament for

Afghanistan's intelligence agency said.

debate before the summer recess.

Lutfullah Mashal, spokesman for the

The proposed legislation will be crafted

National Directorate of Security,

around recent recommendations made

identified one of the men as Zar Ajam of

by the Privy Council after it quashed the Pakistan. He identified the other man as death sentence of Maxo Tido, who was

"Matiullah, whose real name was

found guilty of the 2002 murder of 16-

Mahmood," a resident of eastern

year-old Donnover Conover, Mr

Afghanistan.

Ingraham said.

A third person involved in the attack has

"They set out in their judgment a

been sentenced to 20 years in prison,

number of circumstances which, they

Mashal said.

say, can result in the death penalty

In February, a group of attackers

being imposed.

stormed a branch of the Kabul Bank in

"For instance, somebody being killed

Jalalabad, the capital of Nangarhar

during the course of an armed robbery

province. Four of them were killed,

or being killed during the course of a

Interior Ministry spokesman Najib

Page 37

Título del documento http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

Nekzad said at the time.

capital trials, enhanced security on

Nekzad said 13 police officers were

death row and legal representation for

among those killed in the attack. The

the condemned adds $184 million to the

February 19 incident also left 41 people budget each year. The study's authors, wounded, including 14 police officers,

U.S. 9th Circuit Judge Arthur Alarcon

he said.

and Loyola Law School professor Paula

Fighting between attackers and security Mitchell, also forecast that the tab for forces lasted for more than four hours,

maintaining the death penalty will climb

said Ahmadzia Abdulzai, a spokesman

to $9 billion by 2030, when San

for the provincial governor.

Quentin's death row will have swollen

The NATO command in Afghanistan said to well over 1,000. In their research for reports indicated the incident might

"Executing the Will of the Voters: A

have been a suicide attack. It issued a

Roadmap to Mend or End the California

statement saying three people

Legislature's Multi-Billion-Dollar Death

apparently entered the bank wearing

Penalty Debacle," Alarcon and Mitchell

suicide vests and detonated themselves. obtained California Department of An eyewitness said some civilians were

Corrections and Rehabilitation records

taken hostage. (Sources: CNN, DPA)

that were unavailable to others who have sought to calculate a cost-benefit

CALIFORNIA (USA): STATE TAXPAYERS

analysis of capital punishment. Their

HAVE SPENT $4 BILLION ON CAPITAL

report traces the legislative and

PUNISHMENT SINCE 1978

initiative history of the death penalty in

June 19, 2011: Taxpayers have spent

California, identifying costs imposed by

more than $4 billion on capital

the expansion of the kinds of crimes

punishment in California since it was

that can lead to a death sentence and

reinstated in 1978, or about $308

the exhaustive appeals guaranteed

million for each of the 13 executions

condemned prisoners. The authors

carried out since then, according to a

outline three options for voters to end

comprehensive analysis of the death

the current reality of spiraling costs and

penalty's costs.

infrequent executions: fully preserve

The examination of state, federal and

capital punishment with about $85

local expenditures for capital cases,

million more in funding for courts and

conducted over three years by a senior

lawyers each year; reduce the number

federal judge and a law professor,

of death penalty-eligible crimes for an

estimated that the additional costs of

annual savings of $55 million; or abolish Page 38

Crime and Justice — Death Penalty and the Right to Life

capital punishment and save taxpayers

report says. Unless profound reforms

about $1 billion every five or six years.

are made by lawmakers who have failed

Alarcon, who prosecuted capital cases

to adopt previous recommendations for

as a Los Angeles County deputy district

rescuing the system, Alarcon and

attorney in the 1950s and served as

Mitchell say, capital punishment will

clemency secretary to Gov. Pat Brown,

continue to exist mostly in theory while

said in an interview that he believes the exacting an untenable cost. Among their majority of California voters will want to findings to be published next week in retain some option for punishing the

the Loyola of Los Angeles Law Review:

worst criminals with death. He isn't

The state's 714 death row prisoners cost

opposed to capital punishment, while

$184 million more per year than those

Mitchell, his longtime law clerk, said she sentenced to life in prison without the favors abolition. Both said they

possibility of parole. A death penalty

approached the analysis from an

prosecution costs up to 20 times as

impartial academic perspective, aiming

much as a life-without-parole case. The

solely to educate voters about what

least expensive death penalty trial costs

they are spending on death row.

$1.1 million more than the most

Alarcon four years ago issued an urgent expensive life-without-parole case. appeal for overhaul of capital

Jury selection in a capital case runs

punishment in the state, noting that the three to four weeks longer and costs average lag between conviction and

$200,000 more than in life-without-

execution was more than 17 years,

parole cases. The state pays up to

twice the national figure. Now, it is

$300,000 for attorneys to represent

more than 25 years, with no executions each capital inmate on appeal. The since 2006 and none likely in the near

heightened security practices mandated

future because of legal challenges to the for death row inmates added $100,663 state's lethal injection procedures. The

to the cost of incarcerating each capital

long wait for execution "reflects a

prisoner last year, for a total of $72

wholesale failure to fund the efficient,

million. (Source: Los Angeles Times)

effective capital punishment system that California voters were told they

SAUDI BEHEADS INDONESIAN WOMAN

were choosing" in the battery of voter

CONVICTED OF MURDER

initiatives over the past three decades

June 18, 2011: An Indonesian woman

that have expanded the penalty to 39

was beheaded by the sword after being

special circumstances in murder, the

convicted of murdering a Saudi woman,

Page 39

Título del documento http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

the interior ministry said.

neck, the ministry said in a statement

The woman named Roiaiti Beth Sabotti

carried by the official SPA news agency.

Sarona, according to a transliteration

The ministry did not elaborate on the

from Arabic, was found guilty of killing

motives of the crime, nor it did disclose

Saudi Khairiya bint Hamid Mijlid by

the relation between the two women.

striking her repeatedly on the head with But Indonesian officials say that around a meat chopper and stabbing her in the

70 percent of the 1.2 million

neck, the ministry said in a statement

Indonesians working in Saudi Arabia are

carried by the official SPA news agency. domestic staff. The ministry did not elaborate on the

The beheading in the western province

motives of the crime, nor it did disclose

of Mecca brings the number of

the relation between the two women.

executions in the ultra-conservative

But Indonesian officials say that around kingdom this year to 28, according to an 70 percent of the 1.2 million

AFP tally based on official and human

Indonesians working in Saudi Arabia are rights group reports. (Source: AFP) domestic staff. The beheading in the western province

SOMALIA: AL SHABAB PUBLICLY

of Mecca brings the number of

EXECUTES 2 FOR SPYING

executions in the ultra-conservative

June 18, 2011: the court of Al-Shabaab

kingdom this year to 28, according to an in Daynile district in Mogadishu, AFP tally based on official and human

Somalia, carried out the sentence of two

rights group reports. (Source: AFP)

young men saying they were working for the Somali Security Agency.

SAUDI BEHEADS INDONESIAN WOMAN “The men were very young. They aged CONVICTED OF MURDER

19 and 24. They were called Adil

June 18, 2011: An Indonesian woman

Mohamed Hussein and Abas Mohamed

was beheaded by the sword after being Abukar. They were killed as the court it convicted of murdering a Saudi woman, had affirmed that the men were spying the interior ministry said.

for the transitional government of

The woman named Roiaiti Beth Sabotti

Somalia, we were very sorry,” said one

Sarona, according to a transliteration

witnesses who requested not to be

from Arabic, was found guilty of killing

named.

Saudi Khairiya bint Hamid Mijlid by

More people came together to watch

striking her repeatedly on the head with the killing of the two men who were a meat chopper and stabbing her in the Page 40

Crime and Justice — Death Penalty and the Right to Life

reportedly captured three months

UAE: FORMER FOOTBALLER

before. (Source: www.mareeg.com)

SENTENCED TO DEATH June 15, 2011: Former Emirati football

IRAQ: COURT GIVES DEATH PENALTY

player Fayez Juma was sentenced to

TO 15 IRAQIS OVER WEDDING

death for premeditated murder of his

MASSACRE

compatriot.

June 16, 2011: The Criminal Court of

The Abu Dhabi Supreme Court delivered

Karkh sentenced 15 Iraqis to death

the capital punishment verdict to Juma

penalty after they were found guilty in

for intentionally killing, along others,

the massacre of 70 people at a wedding their compatriot following a scuffle in a party in 2006.

parking lot in Sharjah, reported 'Gulf

Firas Hassan Fleih al-Jubouri, a main

News'.

criminal in the wedding massacre, and

The court overturned a ruling from

14 codefendants were among the 25

Sharjah Appeals Court that sentenced

arrested earlier by Iraqi security forces

Juma to a year in jail.

for connection to the massacre of Dujail Another player for Sharjah, Mohammed City located 60 km north of Baghdad,

Najib, and Juma's brother, Moses, were

spokesman of the Iraqi Supreme Judicial also sentenced to death, reported AP. Council Abdul-Sattar al- Biraqdar told

Fayez Juma played for Sharjah and for

reporters here.

the national team more than four years

"These verdicts will automatically be

ago.

appealed within 30 days starting from

The defendants were charged with

Thursday, and then the verdicts must be preplanning and plotting the intentional ratified by the Federal Appeals Court

murder. They brought sharp tools,

before sending them to the presidency

including swords and knives, and

for approval," Biraqdar told China's

stabbed the victim to death, heard the

Xinhua news agency.

court.

Jabouri was accused of leading a

Tuesday's verdict is irrevocable. Only

terrorist group that killed dozens of

the President, Sheikh Khalifa, or the

Iraqis, including a wedding party during

ruler of Sharjah, Sultan bin Mohamed Al

the mass killing of the sectarian strife

-Qasimi, can now halt the execution or

that engulfed the country after the U.S.- issue a pardon. (Sources: led invasion in 2003. (Source: Bernama, emirates247.com) 16/06/2011)

Page 41

Título del documento http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

TRINIDAD & TOBAGO: PRIVY COUNCIL

However, in 1997, the Criminal Law Act

QUASHES MANDATORY DEATH FOR

was amended and made death by the

CERTAIN MURDERS

hangman’s noose mandatory for

June 14, 2011: The mandatory death

persons convicted of killing a person

sentence for murder in Trinidad &

during the commission of an arrestable

Tobago was again overturned by the

offence.

Privy Council, who quashed the death

In Miguel’s judgment, Lord Clarke ruled

sentence of Nimrod Miguel, ruling it

that they were unable to accept the

"unconstitutional". The ruling is likely to State’s submissions, adding that the affect most Death Row inmates who

1997 Act did not repeal the common

were convicted under similar

law rule, as it had already been

circumstances. On January 30, 2008,

repealed.

Miguel was sentenced for the murder of “It simply enacted a new provision Ramesh Lalchan, whose body was found which was no doubt intended to on December 31, 2003, in Rio Claro.

reproduce something very similar to the

Miguel and three other men had

common law rule.”

hijacked Lalchan, a taxi-driver, in Princes Clarke also noted that any attempt to Town and Lalchan was robbed, bound,

reinstate a repealed law, which was

shot and dumped. On December 31,

inconsistent with Sections of the

2003, Lalchan was found shot dead in a

Constitution as it relates to invalidate an

canefield in Rio Claro.

existing law, can only be done by votes

Miguel claimed he walked away before

of no less than three-fifths of each

Lalchan was shot twice in the head.

Houses of Parliament. (Source: Trinidad

Miguel appealed to the local Court of

Express)

Appeal on February 27, 2009, but his appeal was dismissed.

BAHAMAS: MAXO TIDO DEATH

The Law Lords pointed out that while

SENTENCE OVERTURNED

the felony murder rule, at common law, June 14, 2011: The Privy Council had formed part of the law of Trinidad

overturned convicted murderer Maxo

and Tobago for many years, this was

Tido's death sentence.

abolished in 1996 and a distinction was

The London-based court, the highest

drawn between felonies and

recognised by Bahamian law, delivered

misdemeanors, and as a result no one

its judgment today allowing the appeal

could be convicted of felony murder or

of Tido's death sentence which was

sentence to death for such offences.

handed down by Supreme Court Justice Page 42

Crime and Justice — Death Penalty and the Right to Life

Anita Allen in March 2006.

within this most serious class of the

Observers considered this a test case, as offence." it was thought the outcome would

The Privy Council held that while it was

indicate whether the Privy Council

a dreadful crime, Tido's behaviour could

would let any Bahamian death penalty

not be placed along side the most

stand.

horrific murders.

A jury found Tido guilty of brutally

The judgment said "this was, in short, an

murdering 16-year-old Donnell Conover appalling murder but not one which in 2002.

warrants the most condign punishment

Tido was convicted and sentenced to

of death".

death only days after the Privy Council

The Privy Council decided under the

ruled that the mandatory death

circumstances it was unnecessary to

sentence in The Bahamas is

reach a conclusion on the second

unconstitutional.

ground.

During her ruling, Supreme Court Justice In 2009, the Committee for the Anita Allen said she was satisfied

Prerogative of Mercy decided the law

beyond a reasonable doubt the

should take its course, as it did not see

appropriate sentence in this case was

Tido's case as "an appropriate one for

death.

the Prerogative of Mercy to be

The Privy Council's judgment said the

exercised." The Minister of National

approach to sentencing a person to

Security had advised the Governor

death is two-fold. Firstly, the death

General of the decision at that time.

sentence must only be given in cases

However, the Government also said no

where the facts of the offence are "the

further action would be taken pending

most extreme and exceptional - the

the outcome of the appeal at the Privy

worst of the worst or "the rarest of the

Council.

rare."

The matter will be returned to the

Secondly, there must be no reasonable

Bahamian Court of Appeal for

prospect of reform, and death would be sentencing in view of the Council's the only way punishment is achieved.

judgment. (Sources: Tribune242.com)

The judgment said: "Murder is always a heinous crime. But it is clear that a

SAUDI ARABIA: KILLER SAVED FROM

death sentence - the ultimate and final

THE SWORD AT THE 11TH HOUR

sentence - must be reserved for the

June 14, 2011: Saudi Arabia’s

wholly exceptional category of cases

executioner mounted the platform,

Page 43

Título del documento http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

raised his sword and was about to bring Abdul Aziz a new life.” (Sources: it down on the killer’s head in a packed

emirates247.com; 14/06/2011)

field in the Gulf Kingdom before he abruptly stopped at hearing a man

AFGHANISTAN: TWO SENTENCED TO

shouting through a loudspeaker. The

HANG FOR MASSACRE IN JALALABAD

man, who was the victim’s father,

June 14, 2011: Two men who were part

declared he had pardoned the killer.

of a group of Taliban assailants that

Hundreds of people had arrived into the killed at least 42 people in an attack on execution field in the western town of

a bank in eastern Afghanistan in

Madina amidst tight security to witness

February have been sentenced to death,

the beheading of Abdul Aziz bin Ibrahim a court official said. Al Anzi, a young Saudi convicted of

Qari Matiullah, a Pakistani national, and

murdering his friend Mamdouh bin

Zar Azam, an Afghan, were convicted of

Mutab Al Fakeer, another young Saudi,

murder and sentenced to hang, said

during a fight five years ago.

Abdul Wakeel Omari, spokesman for the

The victim’s father, Mutab Al Fakeer,

court. Their accomplice Daad

was among the crowd as he had

Mohammed was sentenced to 20 years

rebuffed previous attempts to pardon

in prison for his involvement.

the killer and accept blood money that

At least 42 people were killed and 71

could have led to the release of Abdul

others injured when six would-be

Aziz under Islamic law.

suicide bombers armed with rifles and

“As the swordsman was about to bring

explosive vests attacked a branch of

his sword down and cut off Abdul Aziz’s Kabul Bank in Jalalabad city, capital of head, he immediately stopped when the the eastern province of Nangarhar. victim’s father screamed through a

Afghan security personnel were queuing

loudspeaker that he had pardoned the

up to receive their salaries when the

killer of his son,” the Saudi Arabic

attackers dressed in army uniforms

language daily Alriyadh said.

entered and started a gun battle that

“He announced that he was pardoning

lasted several hours.

the killer in response to mediation by

At least 21 security personnel and four

the Monarch and many other

insurgents died. The rest of the victims

people….as he made the announcement were civilians. and the execution was halted, the

Azam was the main organiser of the

crowd began shouting ‘Allah Akbar (God attack, the court official said. is great)…God the Almighty has given

"These men killed dozens of people and Page 44

Crime and Justice — Death Penalty and the Right to Life

they confessed their crime," Omari said. spokesman Kadhem Zine al-Abidine President Hamid Karzai would have to

said.

sign death warrants for the sentence to The former ruler is currently facing a be carried out, he said, adding the

potential 93 charges. Authorities have

decision has already been sent to the

said they are looking into allegations of

president's office for signature. (Source: murder and torture—crimes punishable DPA)

by the death penalty. They are also looking into cases of

TUNISIA: BEN ALI MAY FACE UP TO 20

money laundering and the trafficking of

YEARS OR THE DEATH PENALTY

archaeological artifacts.

June 14, 2011: Tunisia’s ousted

Essebsi told Al Jazeera that Saudi

president Zine al-Abidine Ben Ali could

authorities had not responded to

face 20 years in jail if convicted of drugs, Tunisian requests to hand over Ben Ali. weapons and cash charges and possibly (Source: AFP) the death penalty for murder and torture, the justice ministry said.

VIETNAM: DEATH SENTENCES TO BE

The country’s interim leader Beji Caid

EXECUTED BY POISON

Essebsi said that Zine al-Abidine Ben Ali

June 13, 2011: the Law on Execution of

and his wife Leila Trabelsi will be tried in Criminal Sentences will take effect as of absentia in the case beginning June 20.

July 1, 2011, under which death

The couple fled to Saudi Arabia after a

sentences in Vietnam will be executed

popular uprising forced Ben Ali’s

by poison injection, instead of shooting.

downfall on January 14 after 23 years of This is said to be more advantageous rule.

than shooting because families of death

They are accused of withholding public

-sentence criminals can take the bodies.

funds and theft following the discovery

The law was approved by the 12th

of $27mn in cash and jewels in their

National Assembly.

palace in the Tunis suburb of Sidi Bou

The Ministry of Public Security

Said.

organised training courses on the

Ben Ali himself has also been charged

implementation of the Law on

over the discovery of drugs and

Execution of Criminal Sentences.

weapons at the presidential palace in

The new law is also praised to have

Carthage.

specific regulations on rewards and

If convicted he could receive between

punishments for prisoners who perform

five and 20 years in jail, justice ministry Page 45

Título del documento http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

well or violate regulations at prisons.

sentence was achieved. "We know that

(Sources VietNamNet Bridge)

many preeminent voices such as President Jalal Talabani spoke of the

IRAQ: TAREQ AZIZ'S SON- END MY

possibility of clemency, however the

FATHER'S SUFFERING

Iraqi law does not allow for this."

June 9, 2011: Sentenced to hang in Iraq, The Minister explained that "regardless, Saddam Hussein's ex chief of diplomacy it is important that we still speak about Tareq Aziz has serious health problems

Tareq Aziz today as a man in prison and

and does not want to die in jail. His son

not in a tomb." (Sources: TMNews)

Ziad asked the Iraqi government to put an end to his suffering. "My father can

CHINESE SENTENCED TO DIE FOR

no longer move or speak, and has great

MONGOL HERDER'S DEATH

difficulty feeding himself," Ziad

June 8, 2011: A Chinese truck driver was

explained in a telephone interview from sentenced to death for killing an ethnic Amman with the daily Le Figaro.

Mongol herder by dragging him under

Aziz's family is indignant over the Iraqi

his truck in a case that triggered Inner

authorities' silence. "Two weeks ago my Mongolia's largest demonstrations in 20 mother and my sister went to meet the

years.

authorities in Baghdad, but they weren't Li Lindong's sentence was read out at able to. The vice Justice minister did not the end of his six-hour trial at the even respond to our phone calls" Ziad

Intermediate People's Court in the

said.

region's Xilingol League, the official

Three months after the confirmation of

Xinhua News Agency said.

his death sentence, Aziz launched a

Fellow driver Lu Xiangdong, who had

petition for either his sentence to be

been sitting in the cab of Li's truck when

carried out immediately or for him to be he drove over the herder, was also provided needed medical care. The

convicted of homicide and sentenced to

request

life in prison, Xinhua said.

that Aziz receive all necessary assistance Two others, Wu Xiaowei and Li has been rejected by Nouri al-Maliki's

Minggang, were convicted of

Shiite government many times.

obstructing justice and given three-year

In a visit to Baghdad yesterday, Italian

sentences for having blocked police who

foreign minister Franco Frattini

arrived at the scene, allowing Li Lindong

expressed satisfaction that a

and Lu to escape.

moratorium on Tareq Aziz's death

The speed of the trial and severity of the Page 46

Crime and Justice — Death Penalty and the Right to Life

sentences underscore authorities'

INDIA: HIGH COURT STAYS EXECUTION

sensitivity over the case and their desire OF DEATH SENTENCE ON DAS to assuage Mongol demands for justice. June 7, 2011: The Gauhati High Court in Outcomes in such trials are usually a

India stayed the hanging of death row

foregone conclusion, and proceedings

convict Mahendra Nath Das till June 17,

are often shown on television as a

after his mother Kusumbala filed a writ

public relations tool. Xinhua said 160

petition to keep her son’s execution in

people attended the trial including

abeyance for at least 14 days. The

relatives of the victim and the accused.

family will file a writ petition in the

The herder, Mergen, who like many

Supreme Court, seeking commuting of

Mongols uses just one name, was killed

his death sentence to life term.

on May 10 while he and others were

Mahendra Nath Das was sentenced to

blocking the road through their village

death in 1997 for murdering Harakanta

to protest noise and pollution produced Das in Fancybazar on April 24, 1996. The by coal trucks transiting the grasslands.

death sentence was confirmed by the

Police said Li ran over Mergen and then High Court in February 1998, while the dragged his body for 160 yards (145

Supreme Court rejected the appeal in

meters) before he died.

1999. Das is now kept confined in an

His death and that of another Mongol in isolated cell meant for condemned a clash with Chinese coal miners

prisoners.

sparked protests across the sprawling

Authorities of Central Jail, Jorhat have

northern pastureland by herders and

already initiated arrangement for

students demanding justice and greater installing the gallows for execution of protection for Mongol culture and the

the death sentence, while prison

nomadic herding lifestyle.

authorities in the State are on the

Mass migration to the region by

lookout for a hangman, as President

members of China's majority Han ethnic Pratibha Patil on May 25 rejected the group and a booming mining industry

clemency plea. (Sources: The Hindu, The

have placed traditional ways of life

Telegraph)

under severe pressure. Protesters were reportedly detained by

CHINA: STUDENT EXECUTED OVER HIT-

security forces, but there has been no

AND-RUN MURDER

official word on arrests. (Source: Ap)

June 7, 2011: China executed music student Yao Jiaxin, 21, for stabbing 26year-old mother Zhang Miao to death

Page 47

Título del documento http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

after hurting her in a car crash on

June 6, 2011: Iran’s Supreme Court has

October 20, 2010. The high court in

quashed the death sentence for Saeed

north China's Shaanxi province turned

Malekpour, a web programmer who

down his appeal over the April 22 death was facing execution on charges of sentence, China Central Television

developing and promoting porn

reported. The execution was also

websites.

approved by China's Supreme People's

The 35-year-old was convicted of

Court, which noted the "extremely

designing and moderating adult

despicable and odious" nature of the

materials online although his family said

crime.

he was a web programmer whose photo

Zhang, who was riding her bike, only

uploading software was used by a porn

suffered minor injuries in the accident

website without his knowledge.

but instead of helping the woman, Yao

Defence lawyers said the conviction was

stabbed her eight times with a knife as

quashed after they provided the court

she eyed his car number plate.

with expert evidence.

Yao, a student at the Xian Conservatory Malekpour, a Canadian resident who of Music, fled the scene but was later

was arrested in October 2008 on arrival

caught and, according to an earlier

in Tehran, will remain in jail while a

Xinhua report, confessed that he killed

judicial review into his case is held.

her because he feared the "peasant

Speaking from Toronto, his wife, Fatima

woman would be hard to deal with"

Eftekhari, said: "This a sigh of relief for

over the accident.

me, I'm very pleased that his life is

The crime has prompted hand-wringing finally saved. over the country's so-called "rich second "It's unbelievable that someone in this generation."

world has spent three years of his life in

The term is applied to the wealthy

jail for merely designing software and

offspring of people who have prospered was until now facing execution for that." with China's economic opening of the

According to Eftekhari, the campaign by

past 30 years -- youths seen as

human rights groups in support of her

expecting privilege and sometimes

husband was crucial in saving

lacking in morals. (Sources: Agence

Malekpour's life.

France Presse)

"Never underestimate the power of such campaigns when you can save the

IRAN: SUPREME COURT QUASHES

life of an innocent somewhere miles

DEATH SENTENCE IN 'PORN' CASE

away from you by clicking a button or Page 48

Crime and Justice — Death Penalty and the Right to Life

signing a letter," she said.

take to restrict the distribution of

"I remember that I was collecting

pentobarbital so that it is not delivered

signatures in support of my husband

to execution chambers in the U.S., but

and people were reluctant to put their

still reaches legitimate users."

names on the campaign because they

Lundbeck is a U.S.-government-

were pessimistic that they can save

approved manufacturer of

someone else's life by doing so. Now

pentobarbital. Pentobarbital has been

you can see how a signature affects

used in 13 executions in the U.S. thus

lives."

far. Over the course of the last one year,

A year after his arrest, Malekpour was

an increasing number of correctional

put on state television to confess to his

facilities in the U.S. have turned to using

charges. He later retracted the

pentobarbital – also known

confession in a letter sent from prison in commercially as Nembutal – as the which he said it was made under duress. unconsciousness-inducing component Students from some of the Iran's

of the lethal injection cocktail. Reprieve

leading universities also wrote to the

officials said that while Lundbeck

judges calling for his release. (Source:

refused to make concrete assurances

The Guardian)

the company had agreed to hire “external consultants to assess the most

DANES TRY TO BLOCK USE OF DRUG IN effective strategies." US EXECUTIONS

The statement by Mr. Wiinberg came

June 6, 2011: Lundbeck, the Danish

after months of intensive campaigns

company embroiled in the controversy

against Lundbeck, which also resulted in

over the use of its products in lethal

a major Danish pension fund,

injections in the United States, has

Unipension, selling 40 million Danish

agreed to take action to restrict such

Kroner – nearly $8 million – worth of

use after facing intense pressure at

shares in the pharmaceutical company

home and abroad.

owing to concerns regarding

In a meeting today with Maya Foa, of

pentobarbital use in U.S. executions.

the Legal action charity Reprieve,

After the meeting with Mr. Wiinberg,

Lundbeck Chief Executive Officer Ulf

Reprieve said in a statement that the

Wiinberg reportedly said that the

fierce criticism from press, politicians,

company had “reconsidered its

non-governmental organisations and

position” and he acknowledged that

shareholders had led Lundbeck to

“there are steps that the company could promise that it would “be more Page 49

Título del documento http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

transparent in their communications on It has been reported the brutal killing this matter going forward... [and] that

was an act of revenge because the

this time the full independent

victim allegedly had an affair with the

consultancy would be published."

girlfriend of one of the suspects. The

Following the meeting with Lundbeck,

session was presided over by Judge

Reprieve representative Maya Foa said, Mohammad Al-Khalaf. (Source: Arab "At last we are beginning to see some

Times)

positive movement from Lundbeck on this issue. But too much time has

ARMENIAN PRISON CONDITIONS

already been lost - not to mention too

AGAIN CRITICIZED BY CIVIC MONITORS

many lives." Ms. Foa said that in

June 2, 2011: Conditions in Armenia’s

addition to the 13 people killed to date

prison remain inadequate and have only

using Lundbeck’s drugs, another 7 were worsened in recent years, a team of civil set to be executed by the end of June,

society representatives that regularly

which is the timeframe in which

inspects them claimed on Thursday.

Lundbeck promised to reconsider the

Artur Sakunts, a prominent human

issue. (Source: The Hindu)

rights campaigner heading the monitoring team, singled out prison

KUWAIT: BANGLADESHI TRIO

overcrowding as the most serious

SENTENCED TO DEATH IN MURDER OF

problem facing the country’s 5,100-

COMPATRIOT

strong prison population, which also

June 5, 2011: The Kuwait Criminal Court includes those kept in pre-trial sentenced three Bangladeshis to death

detention.

for the premeditated murder of a

“Our objective is to have humane

compatriot taxi driver.

conditions in the correctional system,

Case files indicate the suspects

where a part of our citizens is being

kidnapped the victim and set fire to him kept,” he said. “Conditions that do not in a desert in Jahra, leading to his

infringe on their dignity.”

death. Autopsy reports revealed the

“The trend in the last three years has

suspects beat the victim before burning been negative. The number of unsolved him to death, while the results of

problems has increased,” Sakunts told a

investigations showed that they had

news conference.

been keeping sharp objects for a long

Sakunts’s team comprises

time — a clear indication the killing was representatives of more than a dozen planned.

non-governmental organizations Page 50

Crime and Justice — Death Penalty and the Right to Life

involved in human and civil rights

also take into account prison

advocacy. The Armenian government

remodeling done there and the creation

allows them to visit prisons and inspect

of new cells.”

conditions there on a regular basis. The The official added that overcrowding monitoring group officially publishes its

will be significantly alleviated with the

findings in annual reports.

early release of some 400 prisoners

“During our visits we have repeatedly

which is currently underway in

seen 12, 18 or even 20 individuals kept

accordance with a general amnesty

in prison cells designed for 8 persons,”

declared by the authorities late last

Sakunts said. “When I ask inmates how

month. (Source: www.azatutyun.am/

they sleep they say, ‘We take turns.’”

content/article/24213711.html)

“I would urge those inmates to take legal action against the Republic of

ETHIOPIA PARDONS 23 TOP DERG

Armenia because of the inhuman

OFFICIALS

conditions in which they are kept,”

June 1, 2011: Ethiopian government

added the campaigner highly critical of

commuted the death sentences of 23

the Armenian authorities’ human rights former Derg regime high ranking record.

officials for committing genocide to life

Arsen Babayan, the spokesman for a

time imprisonment. According to

Justice Ministry department running the Ethiopian President Girma Wolde Armenian prisons and detention

Giorgis, who made the announcement

centers, dismissed these claims, saying

to local media at the national palace this

that the problem of overcrowding is

morning, all the 23 prisoners have

“very often exaggerated.” He insisted

received pardon from the government

that every prisoner in Armenia has their and they are sentenced to life time own bed and does not have to share it

imprisonment.

with cellmates.

The former Derg regime high-rank

According to Babayan, the total number officials were in prison for the last 20 of prisoners and detainees exceeds the

years. According to the Ethiopian law,

country’s nominal prison capacity by

someone who will be punished with a

roughly 800. “Just because a certain

life sentence will not be imprisoned for

[maximum] number is set doesn’t mean more than 25 years. that it’s not possible to keep more

Speaking at the event, “There is no half

people than that in penitentiary

forgiveness,” said Abune Paulos,

institutions,” he told journalists. “Let’s

Ethiopian Orthodox Church Patriarch

Page 51

Título del documento http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

and member of the religious

Kidan, Desalegn Belay, Lisanu Molla,

representatives who addressed

Abebe Eshetu and Berihun Mammo are

forgiveness request of the prisoners to

also set free from the death sentence,

the government. “In their pardon

according to President Girma's

request, the prisoners urged the

statement. (Sources: New Business

government to release them completely Ethiopia) from prison so that they will spend the remaining few years of their life time

NEW CHARGES FOR 9/11 SUSPECTS

with their children,” Abune Paulos

HELD AT GUANTANAMO

noted. “I hope and believe that our

June 1, 2011: US military prosecutors

government will fully release them from have filed new charges against selfprison,” he said. Indicating that the

described 9/11 mastermind Khalid

genocide committed during the Derg

Sheikh Mohammed and four alleged co-

regime has knocked the doors of

conspirators, held at Guantanamo Bay.

millions of Ethiopians, including

The charges of murder and conspiracy

religious leaders, Sheikh Elias Redman,

could result in the death penalty.

representing the Muslim community of

Five defendants had previously been

the country, also urged the government charged at Guantanamo over the to consider releasing the prisoners fully

attacks.

pardoning. The list of top high ranking

But the charges were set aside as the

the Derg regime officials who set free

Obama administration tried to move the

from death sentence includes: Fikre-

trial into US civilian courts; a move

Silasse Wegderes, Legesse Asfaw,

which was reversed in April.

Melaku Teferra, Tesfaye Welde-Silasse,

The new charges are similar to those

Gesigis Gebre Meskel and General

laid under President Bush's

Legesse Belayneh.

administration.

The list also includes, Abdulkadir

The five men are charged with

Mohamed, Petros Gebre, Sileshi

conspiracy, murder in violation of the

Mengesha, Colonel Nadew Zekariayas,

law of war, attacking civilians, attacking

Begashaw Atalay, Major General

civilian objects, intentionally causing

Woubishet Desse, Colonel Fisseha

serious bodily injury, destruction of

Desta, Colonel Endale Tessema and

property in violation of the law of war,

Colonel Debella Dinsa. In addition,

hijacking aircraft and terrorism.

Argaw Yimer, Degene Wendimagegnew, The Pentagon has said before that Eshetu Shenkute, Gessesse Welde –

Khalid Sheikh Mohammed admitted to Page 52

Crime and Justice — Death Penalty and the Right to Life

being responsible "from A to Z" for the

He abandoned that plan in April,

2001 attacks in New York and

because of opposition in Congress.

Washington, which claimed about 3,000 Instead, the five accused will be tried by lives.

a military commission, sitting at

He was captured in Pakistan in March

Guantanamo Bay. (Source: BBC)

2003 and sent to the US detention centre in Cuba in 2006. US prosecutors say he has confessed to

News from International

involvement in a host of terrorist

NGOs - June 2011

activities in addition to 9/11. These include the 2002 nightclub bombing in Bali, Indonesia, the 1993 World Trade Center bombing, the murder of American journalist Daniel Pearl and a failed 2001 attempt to blow up an airliner using a shoe bomb. In a 2007 hearing, Mr Mohammed alleged that he had been tortured at Guantanamo Bay. CIA documents confirmed that he had been subjected to waterboarding - simulated drowning 183 times. The other four accused are: Waleed bin

ARAB SPRING AT THE HEART OF WORLD COALITION AGM 26 June 2011 “We don’t want cosmetic change. What we want is abolition.” This statement is from Tagreed Jaber, Penal Reform International’s regional director for Middle east and North Africa, took a particular meaning in Morocco, where the draft new constitution protects the “right to life”, but doesn’t go any further.

Attash, a Yemeni; Ramzi Binalshibh, a Yemeni who allegedly helped find flight schools for the hijackers; Ali Abd al-Aziz Ali, accused of helping nine of the hijackers travel to the US; and Mustafa Ahmad al-Hawsawi, a Saudi, accused of helping set up the hijackers with money, clothes and credit cards. President Barack Obama's original intention was to close Guantanamo Bay, and have the five tried by federal courts on US soil. Page 53

“This is not enough for abolitionists. That article doesn’t ban the death penalty, contrary to other constitutions or the international protocol,” said Mostafa Znaidi of the Moroccan Coalition Against the Death Penalty. Jaber underlined the positive and negative aspects associated with the protest movements under way in the region in relation to the abolition of the death penalty.

Título del documento http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

debate on the inhumanity of the death Halem Chabouni of the Tunisian

penalty, which will be the theme of this

Coalition said that his organisation had

year’s World Day Against the Death

recovered its freedom to exist after it

Penalty on October 10.

being banned by the Ben Ali government. Nobody has called for the

Rosalyn Park of The Advocates for

death penalty for the ex-president so

Human Rights, Bernadette Jung of

far, but he still considers that option as

FIACAT and Essadia Belmit of the UN

a risk. Most participants, however, are

Committe Against Torture discussed the

optimistic about the effect of the Arab

overlaps between the death penalty and

Spring on the death penalty. Montassir

inhuman treatments in international

Sakhi, a Moroccan blogger and activist

law. The Rabat general meeting is

who has been taking part in the

continuing on Sunday with the World

February 20 Movement, said that the

Coalition’s statutory meeting and

online networks created during the

training workshops for its members.

protests could help push for abolition in the near future. PENAL REFORM INTERNATIONAL HELD In some Arab countries, however, the

A REGIONAL CONFERENCE ON

trend is far from pointing towards

JUVENILE JUSTICE IN ALGIERS

abolition. Nasser Abood of the Iraqi

On 22 and 23 June 2011, Penal Reform

Coalition said that his country moved

International’s Middle East and North

from the Saddam Hussein regime, which Africa Office, organized a conference in used multiple laws to impose the death

cooperation with the Ministry of Justice

penalty on its people, to the current

in the People’s Republic of Algeria in

government, which uses anti-terrorism

Algiers. The conference, entitled

legislation to sentence thousands of

“Juvenile Justice in the Arab World: The

people to death.

Reality of the Situation and Future Prospects, ” included representatives

Although a recent report by the Iraqi

from Jordan, Algeria, Egypt, Morocco,

ministry of human rights stated that

Yemen, Kuwait, Oman, Sudan, and the

1145 people were on death row, Abood Palestinian National Authority. estimates the real figure to be several times higher. The public section of the

The session began with opening

World Coalition’s AGM ended with a

remarks from Mr. Fleon, Director of Page 54

Crime and Justice — Death Penalty and the Right to Life

Prisons and Reintegration, Ms. Alison

presentations of the experiences of

Hannah, Executive Director of Penal

Algeria, Jordan, Egypt, Morocco, Yemen,

Reform International, Ms. Eva Amanus

and Kuwait.

the Swedish Ambassador to Algeria, and Mr. Massoud Bifrisha, the Secretary-

On the second day, the conference

General of the Ministry of Justice in

presented information on inspection

Algeria. The opening remarks focused

mechanisms in detention centers and

on the importance of assessing the

the status of children within those

reality of juvenile justice in the Arab

centers. Workshops were conducted

world and determining constructive

discussing issues of child custody,

developments for the future. Their

transfer, deprivation of liberty,

words stressed that these

reintegration, and aftercare. The

developments are a conceivable

conference was concluded with a field

through programs and projects

visit to El Harrach Foundation, organized

implemented by Penal Reform

by the Ministry of Justice.

International and its governmental and non-governmental partners. PUERTO RICO PRESSURES OBAMA TO During the first day, Taghreed Jaber,

ABOLISH UNWANTED FEDERAL DEATH

director of the Middle East North Africa PENALTY Regional Office of Penal Reform

19 June 2011

International, gave a brief overview of

In a letter addressed to President

the organizations achievements and

Obama, World Coalition member, the

role in enhancing juvenile justice with

Puerto Rican Coalition Against the

international standards. She presented

Death Penalty (PRCADP), has requested

the results of a study, entitled “The

that the President abolish the

Development of Juvenile Justice

application of the federal death penalty

Systems in Jordan, Algeria, Egypt,

in Puerto Rico. The letter, signed by

Morocco, and Yemen.” Additionally, the PRCADP’s General Coordinator Edgardo first day included presentations on the

Roman-Espada, was sent to the White

international Rights of the Child by D.

House before the President’s visit to the

Kamel Filali and Fatima Zahra, Member

island on 14 June 2011.

of the Committee of Experts on the

Mr. Roman-Espada ‘s letter points out

Rights and Welfare of the child. These

that Puerto Ricans are still exposed to

presentations were followed by

the death penalty despite its abolition in

Page 55

Título del documento http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

law in 1929 and constitutionally in 1952 and the last execution occurring over 80 Those seeking the abolition of the death years ago in 1927. Public opinion of the

penalty in Puerto Rico have repeatedly

largely Catholic population is against its

argued that the federal death penalty

application and as the letter states “no

should not be applied in jurisdictions

jury has ever imposed a death penalty in that do not have capital punishment the Federal District Court for Puerto

statutes. In 2000, this argument was

Rico, although the US District Attorney’s supported by a federal judge who Office is constantly trying to push for it”. ruled that the federal death penalty could not be sought against two According to PRCADP spokesperson

defendants in Puerto Rico because the

Carmelo Campos Cruz “ there are three

death penalty is “locally inapplicable”.

cases before the Federal District Court for Puerto Rico that have been certified This decision was reversed by the US 1st for the death penalty, as well as three

Circuit Court of Appeals in 2001 and the

other procedures pending to be

two defendant were tried under the

certified as possible cases for capital

federal death penalty. Two years later

punishment”.

the defendants were acquitted.

“In flagrant disregard to our

Obama and the death penalty

Constitution, the Secretary for Justice

In his capacity as senator in Illinois,

and the Police Superintendent, with the Barack Obama lead a successful acquiescence of the Governor of Puerto campaign to reduce the risk of Rico, has mobilized the Commonwealth prosecution misconduct by passing a government’s resources to help federal law that requires the video taping of authorities impose the death penalty on confessions in capital cases. Puerto Rico.” Nonetheless, President Obama is Under the Federal Death Penalty Act

officially for the death penalty. In the

1994 signed by President Clinton, the

lead up to the presidential election,

number offences Puerto Ricans could be Obama stated during a live television executed for increased tremendously, debate that “we have to have this including several non death offences

ultimate sanction for certain

such as treason and drug trafficking in

circumstances in which the entire

large quantities. Page 56

Crime and Justice — Death Penalty and the Right to Life

community says this is beyond the pale, in U.S. presidential elections despite the and I think it is important that we

islanders being U.S. citizens.

preserve that”. When asked if the PRCADP thought

UN ADOPTS DRAFT OPTIONAL

President Obama would act on the

PROTOCOL TO THE UN CRC ON A

recommendations in the letter,

COMMUNICATIONS PROCEDURE

spokesperson Campos Cruz replied;

PRI welcomes the adoption on 17 June

“Although we are aware of his previous

2011 of the final draft Optional Protocol

positions on capital punishment, being a establishing a communications person awarded with the Nobel Peace

procedure for children's rights violations

Prize, makes him– at least in theory – a

by the UN Human Rights Council. The

sensitive recipient of our requests. We

final text will now be transmitted to the

know that given the current scenario in

UN General Assembly to be discussed by

the US Congress it will be difficult to

its Third Committee in Autumn 2011

approve an amendment to the Federal

and endorsed and adopted by the

Death Penalty Act to exclude the

General Assembly in December

application of federal capital

2011.This will be the third Optional

punishment in Puerto Rico.

Protocol to the CRC. If the GA adopts it,

Nevertheless, there are administrative

ratification of the new instrument

measures that can be adopted by

would be open from January 2012.

President Obama to limit capital punishment”.

The Draft was crafted by an intergovernmental working group over

He then added that the “PRCADP will

ten days in December 2010 and

continue to use any viable strategy to

February 2011. The new protocol will

demand the end of federal capital

enable the Committee on the Rights of

punishment in Puerto Rico. Next June

the Child to examine communications

20, our organization will present – for

from children and their representatives

the fourth consecutive year – a brief of

alleging violations of their rights.The

the application of federal death penalty Convention on the Rights of the Child is in Puerto Rico before the UN’s Special

the only core international human rights

Committee on Decolonization”.

treaty that does not have a

Interestingly, Puerto Ricans cannot vote communications procedure.

Page 57

Título del documento http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

A complaints or “communications”

discrimination.

procedure allows individuals, groups or their representatives, claiming that their “Alabama’s Governor should spare rights have been violated by a State that Eddie Powell’s life. The power of is a party to a Convention, to bring a

executive clemency is not constrained in

communication before the relevant UN

the same way the courts are and he

Committee, provided that the State has should take this opportunity,” said accepted the procedure. A coalition of

Susan Lee, Americas Programme

over 80 international and national

Director at Amnesty International.

NGOs, supported by more than 600

“There is no doubt that Eddie Powell

organisations in all regions, has been

has been convicted of a serious crime,

actively lobbying for the establishment

but given the irrevocable nature of the

of this new mechanism since 2006. For

death penalty, the authorities should

further information on the campaign

surely err on the side of caution when

see here: http://www.crin.org/law/

the constitutionality of an execution has

crc_complaints

been questioned in this way.” Four years after Eddie Powell was sent

CLEMENCY URGED AS ALABAMA

to death row, the US Supreme Court

EXECUTION LOOMS

ruled that the execution of prisoners

14 June 2011

with “mental retardation” was

Amnesty International today called on

unconstitutional. A clinical psychologist

the Governor of the southern US state

recently found that Eddie Powell has

of Alabama to commute the death

“mild mental retardation”. In his

sentence of a man who is due to be

childhood, Powell had been placed in

executed on 16 June. Eddie Duval

special-education classes from the age

Powell, a 41-year-old African-American, of 10. US courts have dismissed a claim was sentenced to death in 1998 for the

by Eddie Powell’s appeal lawyers on

rape and murder of a 70-year-old white these grounds, without holding an woman near Tuscaloosa, Alabama three evidentiary hearing on the claim. years earlier. His appeal lawyers have claimed he has a mental disability that

His lawyers have lodged a new appeal

would render the execution

asking the Alabama Supreme Court to

unconstitutional while questions have

order a hearing and are also seeking

also been raised over possible racial

clemency from the state’s Governor. Page 58

Crime and Justice — Death Penalty and the Right to Life

However, they failed in a 2010 attempt

SAUDI ARABIA: SURGE IN EXECUTIONS

to have the US Supreme Court take the

IN RECENT WEEKS

case, which included claims that racial

Executions in Saudi Arabia are mainly

discrimination had played a role in the

carried out by beheading.

jury selection and trial.

10 June 2011 The Saudi Arabian authorities must halt

Out of 29 African-Americans in the

the use of the death penalty, Amnesty

original jury pool, only one ended up on International said today, following a the jury, along with 11 white jurors. The significant increase in executions in the jury voted by 11 to one to recommend

country in the last six weeks. At least 27

that Eddie Powell be put to death.

people have been executed in Saudi

Studies of the USA’s capital justice

Arabia in 2011, the same as the total

system have consistently indicated that

number of people executed in the

race plays a role in the death penalty, in whole of 2010. Fifteen people were particular that a death sentence is more executed in May alone. likely when the murder victim is white. “The Saudi Arabian authorities must halt The USA has executed 1,254 people

this disturbing pattern, which puts the

since the death penalty was reinstituted country at odds with the worldwide in 1977. Blacks and whites are the

trend against the death penalty,” said

victims of murder in approximately

Philip Luther, Amnesty International’s

equal numbers in the USA, but in nearly Deputy Director for the Middle East and 80 per cent of the cases that have

North Africa. “Amnesty International is

ended in execution since 1977, the

aware of over 100 prisoners, many of

crimes involved white murder victims.

whom are foreign nationals, currently

The state of Alabama has carried out 52 on death row. The Saudi authorities executions – in 86 per cent of these

must immediately stop executions and

cases the victim was white.

commute all death sentences, with a view to abolishing the death penalty

Amnesty International unconditionally

completely,” he added.

opposes the death penalty in all cases worldwide. There have been 20

Two brothers, Muhammad Jaber

executions in the USA so far this year.

Shahbah al-Ja’id, 54, and Sa’ud Jaber Shahbah al-Ja’id, 47, are at imminent risk of execution. They were sentenced

Page 59

Título del documento http://www.ipsnews.net/deathpenaltyabolition/ http://ipsnews.net/new_focus/deathpenalty/

to death in 1998 by a court in Mecca, for the murder of another Saudi Arabian At least 158 people, including 76 foreign man. In April 2011 their sentences were nationals, were executed by the Saudi said to have been ratified by the King

Arabian authorities in 2007. In 2008

and it is feared that they could be

some 102 people, including almost 40

executed at any time, although no date

foreign nationals, were executed. In

is known to have been set.

2009, at least 69 people are known to have been executed, including 19

They did not have access to a lawyer

foreign nationals and in 2010, at least

during their pre-trial investigation or

27 people were executed including six

their trial. Furthermore, it appears that

foreign nationals.

Sa’ud Jaber Shahbah al-Ja’id confessed to the murder under duress as the

Saudi Arabia applies the death penalty

authorities reportedly arrested his

for a wide range of offences.

elderly father in order to place pressure Defendants are rarely allowed formal on him. “Amnesty International is

representation by a lawyer, and in many

opposed to the death penalty in all

cases are not informed of the progress

circumstances, but it is particularly

of legal proceedings against them. They

appalling that Muhammad and Sa’ud al- may be convicted solely on the basis of Ja’id were sentenced to death after a

confessions obtained under duress or

trial in which they received no legal

deception. R

assistance,” said Philip Luther. Read also: “However strongly the Saudi Arabian

http://www.fidh.org/Release-of-

authorities support the death penalty,

prominent-human-rights-defender-

they must at least recognize that no one while should be executed after such

http://www.fidh.org/Arbitrary-arrest-

problematic legal proceedings and

and-detention-of-Ms-Mansoureh

commute their death sentences.” Five

http://www.fidh.org/Iran-Shirin-Ebadi-

of those executed this year are foreign

about-the-Iranian-Bar

nationals. Amnesty International has previously documented the disproportionately high number of executions of foreign nationals from developing countries. Page 60

Read the latest information about worldwide efforts to abolish the death penalty! http://www.ipsnews.net/deathpenaltyabolition

These pages include news coverage which is part of a project funded by the European Union The contents of this news coverage, including any funded by the European Union, are the sole responsibility of IPS and can in no way be taken to reflect the views of the European Union.

www.ipsnews.net