Source: UCA News (16 September 2022)
https://www.ucanews.com/news/malaysia-confirms-pledge-to-end-death-penalty/98779
Malaysia will abolish the mandatory death penalty and replace it with other types of punishment for several offences, a government minister said.
Minister of Law, Wan Junaidi Tuanku Jaafar said the decision was made after a series of meetings held on Sept 6 and 13, Channel News Asia reported on Sept. 14.
The meetings of the Substitute Sentences for the Mandatory Death Penalty Task Force Technical Committee were led by Minister Jaafar and key members of government agencies who agreed in principle to a proposal to substitute the sentences for 11 offences that carry the mandatory death penalty.
The minister also announced a moratorium for 1,337 death-convict inmates in Malaysia.
He also reiterated his stand on abolishing the death penalty and bringing in punishments that match the gravity of the offence.
“I remain committed to fighting for fairer and compassionate laws on the issue of whipping and the death penalty,” the minister stated in a Facebook post.
The recommendations of the Technical Committee will be submitted to a cabinet meeting and then presented in parliament this month.
Representatives of the Malaysian Prison Department, Ministry of Home Affairs, Royal Malaysia Police, and representatives from various agencies attended the meeting
In June, the Malaysian government initiated the process to abolish the mandatory death penalty, which was a long-standing demand from activists. The move was hailed across the globe.
Amnesty International Malaysia's executive director Katrina Jorene Maliamauv hailed the move as "a welcome step in the right direction, and we urge [the government] to go further and work towards full abolition of this cruel punishment,” AFP news agency reported in June.
In Malaysia crimes punishable by death include drug trafficking, terrorism, murder, rape resulting in death, kidnapping, and the possession of firearms wherein the judge does not have the option to give any alternate or lesser punishments.
The Catholic Church in Malaysia has been vehemently opposing capital punishment and is vocal in supporting its removal from the justice system.
Malaysians Against Death Penalty and Torture (MADPET) is an abolitionist campaign supported by people from all levels of society including Christians.
In Oct. 2018, Charles Hector, a member of MADPET voiced his support for the then government's move to end capital punishment.
Hector said that they were “waiting for the day when we can celebrate the abolition of the death penalty, and death row will disappear in Malaysia,” the Vatican’s Fides news agency reported.
Malaysia carried out its last execution in 2018 and then imposed a moratorium.
In contrast to Malaysia, Singapore has drawn the ire of the international community for the recent executions of 10 prisoners for the crime of drug trafficking.
Tuesday, 20 September 2022
Monday, 12 September 2022
Iran: Rights groups slam death sentences for LGBTQ activists
Source: Deutsche Welle (9 September 2022)
Anger and frustration at the verdict
Law experts say the charge of spreading corruption on earth is particularly vague and that the provision allows Islamic Revolutionary Courts — which handle cases like corruption on earth, enmity against God and drug trafficking — to abuse their legal powers and gives them a free hand in imposing capital punishment.
The verdict was slammed by foreign-based rights groups and activists.
They described the two women as local gay and lesbian rights activists working for the betterment of the LGBTQ community in the Islamic nation.
Many Iranians living abroad also took to social media to express their anger.
6Rang, an Iranian LGBTQ rights group based in Germany, called the verdict against the two women "unfair and unclear" and part of the regime's effort to "spread hatred" in society. The group called for increased global pressure on Tehran to free the two women.
The fate of Sedighi Hamedani, also known as Sareh, has been a cause for concern for months.
Sareh was arrested in October by Iranian security forces while trying to flee to Turkey after returning to Iran from Iraqi Kurdistan, where she had been based.
Global human rights watchdog Amnesty International said in January the charges against Sareh stemmed from her activism on social media in defense of gay rights.
She also appeared in a BBC documentary aired in May 2021 about the abuses LGBTQ people suffer in the Kurdistan Region of northern Iraq.
She had decided to leave Iraqi Kurdistan after being detained by the regional authorities.
It appears she crossed into Iran again before trying to head for Turkey.
A repressive place for LGBTQ people
In a video clip shared with her friend prior to her arrest, Sareh said she was "about to cross the border to Turkey" since she was afraid her "life is at risk."
She pointed out that she could be arrested any minute as security forces had identified her and her friends.
"All I wanted was for everyone to know about the pain and suffering the LGBTQ community is enduring in Iran and that we want to be recognized in order to live freely," she said in the video, shared with 6Rang.
"The journey towards freedom may cost our lives, but we are determined to take it and either live in freedom or die," she added.
6Rang said Chobdar, the other Iranian woman sentenced to death, owns a wedding boutique in Urumiya and is a friend of Sareh.
According to the rights group, Chobdar used to talk on her Instagram channel about issues affecting LGBTQ people in Iran, and that's why she was arrested by authorities for "promoting homosexuality."
Shadi Amin, a coordinator for 6Rang, condemned the death sentences as well as the repression faced by the LGBTQ community in Iran.
Homosexuality is illegal in Iran with its penal code explicitly criminalizing same-sex sexual behavior for both men and women.
The country is considered one of the most repressive places in the world for lesbian, gay, bisexual and transgender people, who face constant threats, intimidation and widespread social stigma.
Iranian President Ebrahim Raisi recently described homosexuality as an "ugly and despicable practice" and said it's part of a "propaganda campaign by the West" in Muslim countries.
Call for global pressure on Iran
Amin told DW that the families of the two women were under enormous pressure not to talk to media about the fate of their loved ones and about the "misconduct and torture" they're experiencing in prison.
She called on Germany and other foreign governments to put pressure on Iran for the release of the women. Amin stressed that the international community must do more to put an end to the repression of the LGBTQ community in the Middle East nation.
Under Iranian law, crimes such as murder, rape, drug trafficking and sodomy can lead to capital punishment. Iran is second only to China worldwide when it comes to the number of people sentenced to death.
The UN's independent investigator on human rights in Iran warned last year that the country continues to execute prisoners "at an alarming rate."
Earlier this year, Iran reportedly executed two gay men on charges of sodomy.
https://www.dw.com/en/iran-rights-groups-slam-death-sentences-for-lgbtq-activists/a-63069473
Iran said this week that a court had sentenced to death two female gay rights activists for "spreading corruption on earth" — a charge frequently imposed on people deemed to have broken the country's Shariah laws.
The country's official IRNA news agency reported that the two women, Zahra Sedighi Hamedani, 31, and Elham Chobdar, 24, "misused" women and girls in promising better training and job opportunities abroad — a reference to human trafficking.
A revolutionary court in the country's northwestern city of Urmia, some 600 kilometers (370 miles) northwest of the capital Tehran, handed down the death sentences. The women have the right to appeal.
They were informed of the sentence while in detention in the women's wing of the Urmia jail.
In a short statement, the Iranian judiciary confirmed that the sentences had been issued.
Iran said this week that a court had sentenced to death two female gay rights activists for "spreading corruption on earth" — a charge frequently imposed on people deemed to have broken the country's Shariah laws.
The country's official IRNA news agency reported that the two women, Zahra Sedighi Hamedani, 31, and Elham Chobdar, 24, "misused" women and girls in promising better training and job opportunities abroad — a reference to human trafficking.
A revolutionary court in the country's northwestern city of Urmia, some 600 kilometers (370 miles) northwest of the capital Tehran, handed down the death sentences. The women have the right to appeal.
They were informed of the sentence while in detention in the women's wing of the Urmia jail.
In a short statement, the Iranian judiciary confirmed that the sentences had been issued.
Anger and frustration at the verdict
Law experts say the charge of spreading corruption on earth is particularly vague and that the provision allows Islamic Revolutionary Courts — which handle cases like corruption on earth, enmity against God and drug trafficking — to abuse their legal powers and gives them a free hand in imposing capital punishment.
The verdict was slammed by foreign-based rights groups and activists.
They described the two women as local gay and lesbian rights activists working for the betterment of the LGBTQ community in the Islamic nation.
Many Iranians living abroad also took to social media to express their anger.
6Rang, an Iranian LGBTQ rights group based in Germany, called the verdict against the two women "unfair and unclear" and part of the regime's effort to "spread hatred" in society. The group called for increased global pressure on Tehran to free the two women.
The fate of Sedighi Hamedani, also known as Sareh, has been a cause for concern for months.
Sareh was arrested in October by Iranian security forces while trying to flee to Turkey after returning to Iran from Iraqi Kurdistan, where she had been based.
Global human rights watchdog Amnesty International said in January the charges against Sareh stemmed from her activism on social media in defense of gay rights.
She also appeared in a BBC documentary aired in May 2021 about the abuses LGBTQ people suffer in the Kurdistan Region of northern Iraq.
She had decided to leave Iraqi Kurdistan after being detained by the regional authorities.
It appears she crossed into Iran again before trying to head for Turkey.
A repressive place for LGBTQ people
In a video clip shared with her friend prior to her arrest, Sareh said she was "about to cross the border to Turkey" since she was afraid her "life is at risk."
She pointed out that she could be arrested any minute as security forces had identified her and her friends.
"All I wanted was for everyone to know about the pain and suffering the LGBTQ community is enduring in Iran and that we want to be recognized in order to live freely," she said in the video, shared with 6Rang.
"The journey towards freedom may cost our lives, but we are determined to take it and either live in freedom or die," she added.
6Rang said Chobdar, the other Iranian woman sentenced to death, owns a wedding boutique in Urumiya and is a friend of Sareh.
According to the rights group, Chobdar used to talk on her Instagram channel about issues affecting LGBTQ people in Iran, and that's why she was arrested by authorities for "promoting homosexuality."
Shadi Amin, a coordinator for 6Rang, condemned the death sentences as well as the repression faced by the LGBTQ community in Iran.
Homosexuality is illegal in Iran with its penal code explicitly criminalizing same-sex sexual behavior for both men and women.
The country is considered one of the most repressive places in the world for lesbian, gay, bisexual and transgender people, who face constant threats, intimidation and widespread social stigma.
Iranian President Ebrahim Raisi recently described homosexuality as an "ugly and despicable practice" and said it's part of a "propaganda campaign by the West" in Muslim countries.
Call for global pressure on Iran
Amin told DW that the families of the two women were under enormous pressure not to talk to media about the fate of their loved ones and about the "misconduct and torture" they're experiencing in prison.
She called on Germany and other foreign governments to put pressure on Iran for the release of the women. Amin stressed that the international community must do more to put an end to the repression of the LGBTQ community in the Middle East nation.
Under Iranian law, crimes such as murder, rape, drug trafficking and sodomy can lead to capital punishment. Iran is second only to China worldwide when it comes to the number of people sentenced to death.
The UN's independent investigator on human rights in Iran warned last year that the country continues to execute prisoners "at an alarming rate."
Earlier this year, Iran reportedly executed two gay men on charges of sodomy.
Sri Lanka: President informs the Supreme Court that he will not sign the death sentences
Source: Colombo Page (1 September 2022)
Sri Lankan President Ranil Wickremesinghe on 31 August 2022 informed the Supreme Court through the Attorney General that he will not sign the implementation of the death penalty.
This was informed by Additional Solicitor General Nerin Pulle, who appeared for the Attorney General when several fundamental rights petitions filed requesting the annulment of a decision taken by former President Maithripala Sirisena in 2019 to execute four defendants sentenced to death for drug trafficking were called before the court.
This was informed by Additional Solicitor General Nerin Pulle, who appeared for the Attorney General when several fundamental rights petitions filed requesting the annulment of a decision taken by former President Maithripala Sirisena in 2019 to execute four defendants sentenced to death for drug trafficking were called before the court.
This petition was called before a three-member Supreme Court bench comprising justices Vijith Malalgoda, L.T.B. Dehideniya and Murdu Fernando.
When the Attorney General inquired about this yesterday (30), President Ranil Wickramasinghe has informed the Attorney General that he will not use his signature to execute the death penalty and accordingly to inform the court about this when the relevant case is heard in the Supreme Court.
When the case was called yesterday, Additional Solicitor General Nerin Pulle, who represented the Attorney General, stated before the court that the government has taken a policy decision not to implement the death penalty and there is no change in that decision.
The chairman of the bench, Justice Vijith Malalgoda, informed the petitioner’s lawyers to inform the court on the next court date whether there is any need to continue this petition.
After considering the facts presented, the bench adjourned the hearing until February 23 next year.
Former President Maithripala Sirisena had made a statement on 26 June 2019 that he had decided to sign the execution of four prisoners sentenced to death for drug-related offences.
Several parties including the Sri Lanka Bar Association, the Center for Policy Alternatives, and the Organization for the Protection of Prisoners had submitted these fundamental rights petitions to the Supreme Court against the former President’s decision.
The petitions alleged that the then president’s decision was against the country’s public policy. Also, the petitioners submitted facts to the court that it is against international human rights principles, unjust and unfair.
Therefore, these petitions requested the court to issue an order invalidating the decision of former President Maithripala Sirisena.
Although Sri Lankan courts give death penalty in serious crimes such as murder, rape and drug trafficking, no executions have been carried out since 1976.
Malaysia may soon do away with mandatory death sentence: Minister
Source: The Straits Times (6 September 2022)
https://www.straitstimes.com/asia/se-asia/malaysia-may-soon-do-away-with-mandatory-death-sentence-minister
PUTRAJAYA - Mandatory death and whipping sentences could become a thing of the past in Malaysia by early next year with amendments to the laws to be tabled in Parliament next month.
Instead, judges will have the discretion to hand down the two sentences.
"If everything goes well and there are no disruptions to the coming budget session, we will no longer have the mandatory death sentence in 2023," said Datuk Seri Dr Wan Junaidi Tuanku Jaafar.
"This will also apply to whipping as it will be left to the discretion of the judges," he told The Star in an interview on Monday.
The Minister in the Prime Minister's Department (Parliament and Law) said he intended to table the proposed amendments during the Parliament meeting starting on Oct 3.
"The amendments on the mandatory death sentences will cover amendments to 33 sections under the law and involve mandatory death sentences for 11 offences," he said.
The 11 offences comprise nine under the Penal Code and two under the Firearms (Increased Penalties) Act.
On the fate of those now on death row, Dr Wan Junaidi said the government was still mulling over its options.
In June, it was reported that there were 1,342 death row inmates who were in limbo as to their fate.
Of the number, over 900 were convicted for drug trafficking while the remaining were for murder.
Of the total, 844 are Malaysians and 498 are foreigners from 40 countries.
The abolition of the mandatory death sentence was first raised by the Pakatan Harapan administration in 2018.
A moratorium on execution was then implemented.
On whipping, Dr Wan Junaidi said the proposed amendments would not do away with the punishment but again give judges the discretion on whether to impose it.
"Personally, I view whipping as very brutal and violent and simply inhumane.
"That is why I am suggesting that judges have the discretion to impose the punishment," he said, adding that most offenders suffer open wounds with many fainting after three strokes.
With discretion given, judges can weigh the gravity of the harm committed by offenders on their victims before imposing the punishment.
He said there might be instances where a judge might say no to whipping in some cases, but impose it on "sadistic" offenders who cause hurt to their victims.
Dr Wan Junaidi said he would meet the Attorney-General's Chambers soon to discuss the matter before seeking Cabinet approval to table the amendments.
On a separate matter, he said the recently passed anti-hopping law was expected to be enforced this month. THE STAR/ASIA NEWS NETWORK
https://www.straitstimes.com/asia/se-asia/malaysia-may-soon-do-away-with-mandatory-death-sentence-minister
PUTRAJAYA - Mandatory death and whipping sentences could become a thing of the past in Malaysia by early next year with amendments to the laws to be tabled in Parliament next month.
Instead, judges will have the discretion to hand down the two sentences.
"If everything goes well and there are no disruptions to the coming budget session, we will no longer have the mandatory death sentence in 2023," said Datuk Seri Dr Wan Junaidi Tuanku Jaafar.
"This will also apply to whipping as it will be left to the discretion of the judges," he told The Star in an interview on Monday.
The Minister in the Prime Minister's Department (Parliament and Law) said he intended to table the proposed amendments during the Parliament meeting starting on Oct 3.
"The amendments on the mandatory death sentences will cover amendments to 33 sections under the law and involve mandatory death sentences for 11 offences," he said.
The 11 offences comprise nine under the Penal Code and two under the Firearms (Increased Penalties) Act.
On the fate of those now on death row, Dr Wan Junaidi said the government was still mulling over its options.
In June, it was reported that there were 1,342 death row inmates who were in limbo as to their fate.
Of the number, over 900 were convicted for drug trafficking while the remaining were for murder.
Of the total, 844 are Malaysians and 498 are foreigners from 40 countries.
The abolition of the mandatory death sentence was first raised by the Pakatan Harapan administration in 2018.
A moratorium on execution was then implemented.
On whipping, Dr Wan Junaidi said the proposed amendments would not do away with the punishment but again give judges the discretion on whether to impose it.
"Personally, I view whipping as very brutal and violent and simply inhumane.
"That is why I am suggesting that judges have the discretion to impose the punishment," he said, adding that most offenders suffer open wounds with many fainting after three strokes.
With discretion given, judges can weigh the gravity of the harm committed by offenders on their victims before imposing the punishment.
He said there might be instances where a judge might say no to whipping in some cases, but impose it on "sadistic" offenders who cause hurt to their victims.
Dr Wan Junaidi said he would meet the Attorney-General's Chambers soon to discuss the matter before seeking Cabinet approval to table the amendments.
On a separate matter, he said the recently passed anti-hopping law was expected to be enforced this month. THE STAR/ASIA NEWS NETWORK
Hamas Authorities Execute 5 Palestinians in Gaza
Source: Voice of America (4 September 2022)
https://www.voanews.com/a/hamas-authorities-execute-5-palestinians-in-gaza-/6730353.html
Gaza's ruling Hamas Islamists executed five Palestinians on Sunday, two of them on charges of espionage for Israel that dated back to 2015 and 2009, the Interior Ministry said.
The dawn executions, by hanging or firing squad, were the first in the Palestinian territories since 2017. Past cases of capital punishment being carried out in Gaza have drawn criticism from human rights groups.
The ministry statement did not provide full names for any of the condemned men. It said three had been convicted of murder.
The two convicted spies, aged 44 and 54, had given Israel information that led to the killing of Palestinians, it said.
The Israeli Prime Minister's Office, which oversees the country's intelligence services, declined comment.
"The execution was carried out after the conclusion of all legal procedures. The rulings had been final, with implementation mandatory, after all of the convicted were accorded full rights to defend themselves," the statement said.
Reuters could not immediately corroborate this.
Palestinian and international human rights groups have condemned the death penalty and urged Hamas and the Palestinian Authority, which exercises limited self-government in the Israeli-occupied West Bank, to end the practice.
Palestinian law says President Mahmoud Abbas has final word on whether executions can be carried out. But he has no effective rule in Gaza.
Since Islamist Hamas seized control of Gaza from Abbas in 2007, its courts have sentenced dozens of Palestinians to death, and have executed 27 so far, according to human rights groups.
https://www.voanews.com/a/hamas-authorities-execute-5-palestinians-in-gaza-/6730353.html
Gaza's ruling Hamas Islamists executed five Palestinians on Sunday, two of them on charges of espionage for Israel that dated back to 2015 and 2009, the Interior Ministry said.
The dawn executions, by hanging or firing squad, were the first in the Palestinian territories since 2017. Past cases of capital punishment being carried out in Gaza have drawn criticism from human rights groups.
The ministry statement did not provide full names for any of the condemned men. It said three had been convicted of murder.
The two convicted spies, aged 44 and 54, had given Israel information that led to the killing of Palestinians, it said.
The Israeli Prime Minister's Office, which oversees the country's intelligence services, declined comment.
"The execution was carried out after the conclusion of all legal procedures. The rulings had been final, with implementation mandatory, after all of the convicted were accorded full rights to defend themselves," the statement said.
Reuters could not immediately corroborate this.
Palestinian and international human rights groups have condemned the death penalty and urged Hamas and the Palestinian Authority, which exercises limited self-government in the Israeli-occupied West Bank, to end the practice.
Palestinian law says President Mahmoud Abbas has final word on whether executions can be carried out. But he has no effective rule in Gaza.
Since Islamist Hamas seized control of Gaza from Abbas in 2007, its courts have sentenced dozens of Palestinians to death, and have executed 27 so far, according to human rights groups.
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