Source: Scoop (26 November 2021)
https://www.scoop.co.nz/stories/WO2111/S00314/iran-un-experts-say-executions-of-child-offenders-must-stop.htm
GENEVA (25 November 2021) UN human rights experts* today strongly condemned the execution of Arman Abdolali, convicted for an alleged murder committed when he was 17, and demanded that Iran stop sentencing children to death.
There are currently over 85 juvenile offenders on death row in Iran, sentenced to death following processes that significantly violate international human rights law. The majority of those sentenced to death are from marginalized groups or are individuals who themselves have been victims of abuse.
Arman Abdolali was executed at dawn on 24 November. He was transferred to solitary confinement the previous evening.
“We strongly deplore that the authorities proceeded with the execution of juvenile offender Arman Abdolali, in violation of an absolute prohibition under international human rights law,” the experts said.
Arman Abdolali’s execution had been scheduled and re-scheduled at least on six occasions, during which he was transferred to solitary confinement in preparation for his execution only to be returned to his cell at the last minute. Special Procedures mandate holders and experts from Treaty Bodies had on several occasions, including on 12 October, called on the Government to halt his execution.
“This case is emblematic of the deep flaws of the juvenile justice system in the Islamic Republic of Iran and we call on the Government to undertake reforms as a matter of priority,” the experts said. Human rights mechanisms have consistently called on Iran to abolish the death penalty, in particular for juvenile offenders.
“In the meantime, we call on the Government to commute all death sentences issued against juvenile offenders, in line with its international obligations.”
* The experts: Javaid Rehman, Special Rapporteur on the situation of human rights in the Islamic Republic of Iran; Mikiko Otani, Chair of the Committee on the Rights of the Child, Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary or arbitrary executions; Nils Melzer, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.
Monday, 29 November 2021
Monday, 8 November 2021
Japan death row inmates sue over 'inhumane' same-day notification
Source: Reuters (5 November 2021)
https://www.reuters.com/world/asia-pacific/japan-death-row-inmates-sue-over-inhumane-same-day-notification-media-2021-11-05/
TOKYO, Nov 5 (Reuters) - Two death row inmates in Japan are suing the country over how prisoners are notified only hours before the death penalty is carried out, demanding change and seeking compensation for the impact of the "inhumane" practice, their lawyer said on Friday.
Capital punishment in Japan is conducted by hanging, and the practice of not informing inmates of the timing until shortly before execution has long been decried by international human rights organisations for the stress it places on prisoners, for whom any day could be their last.
On Thursday, in what is believed to be a first, two prisoners sentenced to death filed a suit in a district court in the western city of Osaka saying the practice was illegal because it did not allow prisoners time to file an objection, demanding the practice be changed and asking for 22 million yen ($193,594) in compensation, lawyer Yutaka Ueda said.
"Death row prisoners live in fear every morning that that day will be their last. It's extremely inhumane," he added.
"Japan is really behind the international community on this."
The United States and Japan are the only industrialised democracies that still carry out the death penalty, and human rights groups such as Amnesty International have demanded change for decades.
Ueda said there is no law mandating that prisoners can only be told of their execution hours before it takes place, and that the practice actually goes against Japan's criminal code.
"The central government has said this is meant to keep prisoners from suffering before their execution, but that's no explanation and a big problem, and we really need to see how they respond to the suit," he added.
"Overseas, prisoners are given time to contemplate the end of their lives and mentally prepare. It's as if Japan is trying as hard as possible not to let anybody know."
There are currently 112 people sentenced to death in Japan, the Justice Ministry said, though none have been executed for nearly two years. Public opinion polls regularly show a vast majority of the population in favour of capital punishment, which is usually imposed in connection with murders.
Ueda said he hopes the lawsuit could spark discussion in Japan about the issue, though this is not its main goal.
"This system is badly mistaken - and we would like the public to turn their eyes to the issue," he added.
https://www.reuters.com/world/asia-pacific/japan-death-row-inmates-sue-over-inhumane-same-day-notification-media-2021-11-05/
TOKYO, Nov 5 (Reuters) - Two death row inmates in Japan are suing the country over how prisoners are notified only hours before the death penalty is carried out, demanding change and seeking compensation for the impact of the "inhumane" practice, their lawyer said on Friday.
Capital punishment in Japan is conducted by hanging, and the practice of not informing inmates of the timing until shortly before execution has long been decried by international human rights organisations for the stress it places on prisoners, for whom any day could be their last.
On Thursday, in what is believed to be a first, two prisoners sentenced to death filed a suit in a district court in the western city of Osaka saying the practice was illegal because it did not allow prisoners time to file an objection, demanding the practice be changed and asking for 22 million yen ($193,594) in compensation, lawyer Yutaka Ueda said.
"Death row prisoners live in fear every morning that that day will be their last. It's extremely inhumane," he added.
"Japan is really behind the international community on this."
The United States and Japan are the only industrialised democracies that still carry out the death penalty, and human rights groups such as Amnesty International have demanded change for decades.
Ueda said there is no law mandating that prisoners can only be told of their execution hours before it takes place, and that the practice actually goes against Japan's criminal code.
"The central government has said this is meant to keep prisoners from suffering before their execution, but that's no explanation and a big problem, and we really need to see how they respond to the suit," he added.
"Overseas, prisoners are given time to contemplate the end of their lives and mentally prepare. It's as if Japan is trying as hard as possible not to let anybody know."
There are currently 112 people sentenced to death in Japan, the Justice Ministry said, though none have been executed for nearly two years. Public opinion polls regularly show a vast majority of the population in favour of capital punishment, which is usually imposed in connection with murders.
Ueda said he hopes the lawsuit could spark discussion in Japan about the issue, though this is not its main goal.
"This system is badly mistaken - and we would like the public to turn their eyes to the issue," he added.
Mercy petition seeks support to save Malaysian-Indian from gallows in Singapore
Source: The Indian Express (5 November 2021)
https://indianexpress.com/article/world/singapore-malaysian-indian-nagaenthran-k-dharmalingam-death-sentence-appeal-petition-7608025/
An online petition to save an Indian-origin Malaysian from gallows next week has gathered nearly 40,000 signatures with human rights activists urging the government to halt the execution, saying the man is intellectually disabled.
Nagaenthran K Dharmalingam, who is on death row at Singapore’s Changi Prison, was convicted in 2010 for drug trafficking.
Singapore’s Ministry of Home Affairs (MHA) on Wednesday said that the High Court and the Court of Appeal held that Nagaenthran’s mental responsibility for his offence was not substantially impaired.
He was found to have clearly understood that what he did was a crime and took the “calculated risk” to pay off his debt.
This was the finding by the High Court while sentencing the convict to death in 2010 for importing drugs into Singapore and it was upheld by the Court of Appeal, which “flatly rejected his account of being coerced under duress”, TODAY newspaper quoted the MHA as saying.
The MHA also said it is helping Nagaenthran’s family with travel arrangements from Malaysia to Singapore and that his visitors will be granted extended face-to-face visits daily, according to the Singapore tabloid.
Nagaenthran was convicted and given the death penalty in November 2010 for importing 42.72 grams of heroin a year before.
“His petition to the President for clemency was unsuccessful,” the MHA said.
An online report, cited by media outlets, said Nagaenthran would be hanged on November 10.
The petition to President Halimah Yacob to pardon Nagaenthran was started on October 29. It seeks 50,000 signatures in support of the clemency plea to the president. It has gathered 39,962 signatures as of Thursday.
The petition states that the convict should be pardoned because he had testified that he was “coerced” into drug trafficking by a man who had threatened to kill his girlfriend.
It also states that Nagaenthran has an intellectual disability and a low IQ, impaired executive functioning and attention deficit hyperactivity disorder.
“Given that Nagaenthran is intellectually disabled, committed a non-violent crime and was allegedly coerced by assaults and threats, we sincerely appeal for President Halimah Yacob to uphold Singapore’s commitment to the UNCRPD (United Nations Convention on the Rights of Persons with Disabilities) by pardoning Nagaenthran’s death sentence,” media reports said, citing the petition.
Nagaenthran had first appealed to be resentenced under amendments to the Misuse of Drugs Act that were passed in 2012.
The amendments allow a court to sentence a drug offender to life imprisonment instead of death if he is merely a courier on the condition that the public prosecutor issues the offender a certificate of substantive assistance for helping the Central Narcotics Bureau disrupt drug-trafficking activities.
Nagaenthran then lodged a second appeal for a judicial review into the public prosecutor’s decision not to issue him a certificate of substantive assistance.
The High Court dismissed both applications and in 2019, the Court of Appeal dismissed both of Nageanthran’s appeals against the High Court’s decision.
https://indianexpress.com/article/world/singapore-malaysian-indian-nagaenthran-k-dharmalingam-death-sentence-appeal-petition-7608025/
An online petition to save an Indian-origin Malaysian from gallows next week has gathered nearly 40,000 signatures with human rights activists urging the government to halt the execution, saying the man is intellectually disabled.
Nagaenthran K Dharmalingam, who is on death row at Singapore’s Changi Prison, was convicted in 2010 for drug trafficking.
Singapore’s Ministry of Home Affairs (MHA) on Wednesday said that the High Court and the Court of Appeal held that Nagaenthran’s mental responsibility for his offence was not substantially impaired.
He was found to have clearly understood that what he did was a crime and took the “calculated risk” to pay off his debt.
This was the finding by the High Court while sentencing the convict to death in 2010 for importing drugs into Singapore and it was upheld by the Court of Appeal, which “flatly rejected his account of being coerced under duress”, TODAY newspaper quoted the MHA as saying.
The MHA also said it is helping Nagaenthran’s family with travel arrangements from Malaysia to Singapore and that his visitors will be granted extended face-to-face visits daily, according to the Singapore tabloid.
Nagaenthran was convicted and given the death penalty in November 2010 for importing 42.72 grams of heroin a year before.
“His petition to the President for clemency was unsuccessful,” the MHA said.
An online report, cited by media outlets, said Nagaenthran would be hanged on November 10.
The petition to President Halimah Yacob to pardon Nagaenthran was started on October 29. It seeks 50,000 signatures in support of the clemency plea to the president. It has gathered 39,962 signatures as of Thursday.
The petition states that the convict should be pardoned because he had testified that he was “coerced” into drug trafficking by a man who had threatened to kill his girlfriend.
It also states that Nagaenthran has an intellectual disability and a low IQ, impaired executive functioning and attention deficit hyperactivity disorder.
“Given that Nagaenthran is intellectually disabled, committed a non-violent crime and was allegedly coerced by assaults and threats, we sincerely appeal for President Halimah Yacob to uphold Singapore’s commitment to the UNCRPD (United Nations Convention on the Rights of Persons with Disabilities) by pardoning Nagaenthran’s death sentence,” media reports said, citing the petition.
Nagaenthran had first appealed to be resentenced under amendments to the Misuse of Drugs Act that were passed in 2012.
The amendments allow a court to sentence a drug offender to life imprisonment instead of death if he is merely a courier on the condition that the public prosecutor issues the offender a certificate of substantive assistance for helping the Central Narcotics Bureau disrupt drug-trafficking activities.
Nagaenthran then lodged a second appeal for a judicial review into the public prosecutor’s decision not to issue him a certificate of substantive assistance.
The High Court dismissed both applications and in 2019, the Court of Appeal dismissed both of Nageanthran’s appeals against the High Court’s decision.
Tuesday, 2 November 2021
20,000 Please for Presidential Pardon over Malaysian Man on Death Row
Source: Coconuts KL (2 November 2021)
https://coconuts.co/kl/news/20000-plead-for-presidential-pardon-over-malaysian-man-on-death-row/
Nearly 20,000 people have signed an online petition pleading to Singapore President Halimah Yacob for clemency over an intellectually-disabled Malaysian man on death row.
Nagaenthran K Dharmalingam was 21 when he was arrested in Singapore in 2009 and subsequently convicted for trafficking 42.72g of diamorphine, a narcotic analgesic used to treat severe pain. Now 33, Nagaenthran reportedly suffers from ADHD and has a very low IQ of 69.
He faces imminent execution on Nov. 10.
His family was informed of the scheduled hanging two weeks ago, according to Singaporean activist-journalist Kirsten Han, who said that she has also been assisting the family with travel arrangements so that they can bid him farewell.
“Given that Nagaenthran is intellectually disabled; committed a non-violent crime; and was allegedly coerced by assaults and threats, we sincerely appeal for President Halimah Yacob to uphold Singapore’s commitment to the [United Nations Convention on the Rights of Persons with Disabilities] by pardoning Nagaenthran’s death sentence,” the petition set up Thursday by human rights advocate Olivia Seow said. The petition also said that the Singapore justice system had failed to protect people with disabilities.
Those who commit crimes related to more than a dozen offenses including kidnapping, murder, and drug trafficking may be sentenced to death in Singapore, with exemptions to those under 18 and pregnant.
Rights groups such as Anti-Death Penalty Asia Network, or ADPAN, and Malaysia’s Lawyers For Liberty have condemned the Singapore government’s decision to execute Nagaenthran.
“The execution of any person with mental or intellectual disabilities is extremely unconscionable and reprehensible. The person would be unlikely to have the appropriate capacity to stand trial or even appreciate the severity of their predicaments,” ADPAN executive coordinator Dobby Chew wrote Friday.
Lawyers For Liberty advisor N Surendran said in a statement: “No civilized nation should resort to hanging the mentally disabled.”
The human rights group also urged the Malaysian authorities to save Nagaenthran from the gallows.
https://coconuts.co/kl/news/20000-plead-for-presidential-pardon-over-malaysian-man-on-death-row/
Nearly 20,000 people have signed an online petition pleading to Singapore President Halimah Yacob for clemency over an intellectually-disabled Malaysian man on death row.
Nagaenthran K Dharmalingam was 21 when he was arrested in Singapore in 2009 and subsequently convicted for trafficking 42.72g of diamorphine, a narcotic analgesic used to treat severe pain. Now 33, Nagaenthran reportedly suffers from ADHD and has a very low IQ of 69.
He faces imminent execution on Nov. 10.
His family was informed of the scheduled hanging two weeks ago, according to Singaporean activist-journalist Kirsten Han, who said that she has also been assisting the family with travel arrangements so that they can bid him farewell.
“Given that Nagaenthran is intellectually disabled; committed a non-violent crime; and was allegedly coerced by assaults and threats, we sincerely appeal for President Halimah Yacob to uphold Singapore’s commitment to the [United Nations Convention on the Rights of Persons with Disabilities] by pardoning Nagaenthran’s death sentence,” the petition set up Thursday by human rights advocate Olivia Seow said. The petition also said that the Singapore justice system had failed to protect people with disabilities.
Those who commit crimes related to more than a dozen offenses including kidnapping, murder, and drug trafficking may be sentenced to death in Singapore, with exemptions to those under 18 and pregnant.
Rights groups such as Anti-Death Penalty Asia Network, or ADPAN, and Malaysia’s Lawyers For Liberty have condemned the Singapore government’s decision to execute Nagaenthran.
“The execution of any person with mental or intellectual disabilities is extremely unconscionable and reprehensible. The person would be unlikely to have the appropriate capacity to stand trial or even appreciate the severity of their predicaments,” ADPAN executive coordinator Dobby Chew wrote Friday.
Lawyers For Liberty advisor N Surendran said in a statement: “No civilized nation should resort to hanging the mentally disabled.”
The human rights group also urged the Malaysian authorities to save Nagaenthran from the gallows.
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