Showing posts with label commutation. Show all posts
Showing posts with label commutation. Show all posts

Monday, 27 September 2021

"I Cannot Take Off My Straw Sandals: Our Family's Lifelong Journey Seeking Justice for the Wrongfully Convicted"

"I Cannot Take Off My Straw Sandals: 
Our Family's Lifelong Journey Seeking Justice for the Wrongfully Convicted".

by Michiko Furukawa

Translated from the Japanese by Joel Challender

Foreword by Sister Helen Prejean


"I have worn straw sandals for ten years to help innocent prisoners. I keep walking through towns and villages shouting out about their innocence. One day, maybe...everybody will help release them. For otherwise...I cannot take off my straw sandals."

---Tairyu Furukawa


In the spring of 1961, Tairyu Furukawa, a Buddhist prison chaplain, suddenly became concerned that two death row prisoners under his watch were likely innocent. He discussed these fears with his wife Michiko, and from that instant, both decided to put their entire efforts into preventing wrongful executions. Both fought and suffered for many years, raising their children in abject poverty battling for the two prisoners.

The case, known as the 'Fukuoka Incident', is still very well known in Japan. And the quest for justice continues even today. In May of 1947, two clothes merchants, one Japanese and one Chinese, were shot and killed. The murder was linked to the burgeoning postwar black market in clothing. Two men were arrested, tried and sentenced to death. The prosecution claims the two conspired, but neither knew the other.

Furukawa, upon hearing the two men's stories became alarmed. He quit most of his ministerial activities, and worked full time pouring over the expansive trial transcripts which amounted to thousands of pages. He sought and received help from attorneys, law professors, and witnesses.

An Amazing Journey

Michiko Furukawa grew up in a well to do family, and attended an elite college in Tokyo, quite far from her native, rural Kyushu. Married at 21, she accompanied her husband to China during the war years. Life was comfortable until May 1945, when Russia renounced the non-aggression pact with Japan. Michiko's then husband was sent to the front, and she worried constantly about his safety, and later, of being raped by Russian soldiers.

Ironically, the woman who had grown up in opulence would end up doing laundry for the Russian army to make ends meet.

She returned to Japan in June 1946, "having frantically managed to survive in former Manchuria." Her husband, like other Japanese taken p.o.w by the Russians, remained a postwar slave. Two years later he died of disease. At age 30, Michiko was a war widow with two children.

An Auspicious Encounter

War widows in Japan had little chance of future marriage. Thousands of available women, few available men. Michiko began attending religious services conducted by a charismatic Buddhist minister. They grew close and Tairyu Furukawa, much to the widow's delight, proposed marriage.

They had little money, and the honeymoon was a lecture circuit around the island of Kyushu. One stop was a leper sanatorium. When she watched him on the stage comforting the residents, "tears of gratitude welled up inside me," and, "I wholeheartedly assented that my life's mission would be to support him. "

Eight years after marriage, Tairyu discovered the two prisoners. Michiko was running a Japanese style inn, but they would shore up juvenile delinquents and paroled prisoners. Very little money was coming from guests. Tairyu even wanted to draw back from his religious activities which would further deplete finances. When Michiko heard the plight of the two men, she was unperturbed, "I will steadfastly support you from behind the scenes. We will do this together."

A Turning Point

The couple suffered through deprivation after deprivation, even having their water shut off on New Year’s Day. A turning point came with the visit of a Tokyo attorney who wanted to assist in the case. At least he appeared to be an attorney. One of the Furukawa children noticed his face on the police's "most wanted list." He was arrested at their house, and the Fukuoka case received national attention.

14 years after the Furukawas began their efforts to save the two men, joy and tragedy occurred. On June 17, 1975, one of the defendants was granted a commutation - his sentence was converted to life. The next day, the other prisoner was hanged in the detention center.

I have been familiar with this case for many years, but one fact is very elusive. The prisoner whose sentence was commuted never claimed to be innocent. He testified that he shot the two clothing merchants in self-defence. Why did the Furukawas support him so strongly, and why was his sentence commuted? To this day, I am still befuddled with this point.

The Struggle Continues

Even after the hanging, the Furukawas continued to advocate for the two men. They took their case to the international arena. Despite enduring such dire poverty, Tairyu would later meet Mother Teresa in Poland, and Pope John Paul II in the Vatican. He passed away in the year 2000.

Sister Helen Prejean even became involved. She visited Japan in 2001 to publicize the case, and I attended one of the talks. The book contains an unforgettable picture of her with "Mama Michiko."

Michiko passed away in 2010. Her life of childhood opulence, surviving postwar deprivations in China and postwar Japan, her selfless support for her husband and so many others who cried for help, is an amazing tale. It is the story of a woman with daunting intelligence, an indomitable will, a love of justice, and altruistic dedication to the human spirit.

Reviewed by Michael H. Fox

Japan Innocence and Death Penalty Information Center www.jiadep.org

NOTE: The quest for justice of the defendants in the Fukuoka case continues. The Furukawa children maintain a website: www.schweitzer-temple.com

Wednesday, 29 April 2015

ASIA/MYANMAR - Farewell to death penalty: all those condemned to death sentence are commuted to life imprisonment

Source: Agenzia Fides (4 January 2012)


Yangon (Agenzia Fides) - It is a further turning point, announced by the government of Myanmar, in the field of the new measure of amnesty which concerns hundreds of prisoners: in addition to significant reductions in punishment for many prisoners, all those sentenced to death has been commuted to life imprisonment, in what observers call "the abolition of capital punishment". If one thinks that what happens in a country where violent repression has been a tool used in a fierce manner for decades, the measure adopted by President Thein Sein is really significant, "it represents a real breakthrough for the full respect of the right to life and human rights, " comments Stephen Argentino to Fides, Coordinator of the Campaign for the abolition of the death penalty, for the European and Asian area, in the Community of St. Egidio. "This is a very important measure, unexpected and surprising. Only until a few months ago - said Argentino - it was thought that capital punishment was untouchable in Myanmar. This is a hopeful sign that confirms the launch of a new course, which affirms the full respect of human dignity".

In Myanmar, despite the continuous condemnations, death penalty was not applied since 1988. Now the commutation of the sentence is life imprisonment, according to observers, a concrete step towards the full and final abolition. "Countries where violence has triumphed for years, such as Cambodia, Rwuanda, now Myanmar, have suddenly decided to abandon death penalty: This is a form of catharsis, which confirms the deterrent’s little value of punishment", said Argentino.

The World Coalition to Abolish the Death Penalty, which the Community of St. Egidio is part of, has welcomed with favor and joy the announcement of the measure, which goes "in the right direction for the respect of all fundamental human rights". (PA) (Agenzia Fides 04/01/2012)



Monday, 4 October 2010

Punjab may oppose Pakistan abolition

Punjab to oppose death penalty abolition
Monday 4/10/2010
From: Gulf Times

The government in Pakistan’s Punjab province has decided to oppose the conversion of capital punishment into life imprisonment, contending that it would create lawlessness, lead to frequent occurrence of heinous crimes and proliferation of hired assassins.

Ending the death penalty, the provincial government claims, is also against Islamic injunctions, a Punjab home department official says. Executions were put on hold till December 2010 by President Asif Ali Zardari after he took over as the head of state in September 2008. The last condemned prisoner - a former soldier who had killed a colonel and his family - was hanged in November, 2008.

Monday, 29 June 2009

Pakistan: President Zardari should commute death sentences

AMNESTY INTERNATIONAL
PUBLIC STATEMENT
19 June 2009

Pakistan: President Zardari should commute death sentences on Benazir Bhutto’s birthday

On 21 June 2008, marking the birthday of slain former Prime Minister Benazir Bhutto, Prime Minister Yousaf Raza Gilani proposed to the National Assembly that all death sentences in Pakistan should be commuted to life imprisonment.

Amnesty International calls on the President of Pakistan Asif Ali Zardari —Benazir Bhutto’s widower—to mark his wife’s birthday and the one-year anniversary of Prime Minister Gilani’s proposal by immediately commuting all death sentences to terms of imprisonment. The President holds the Constitutional authority to commute death sentences without further delay.

Amnesty international is encouraged by the decreasing number of death sentences and executions in Pakistan in 2008. But Pakistan continues to apply the death penalty and some 7,500 prisoners remain on death row. In 2008, an estimated 236 people were sentenced to death, 36 of them were executed, including 16 after the Prime Minister's June statement.

These executions, along with the November 2008 Prevention of Electronic Crimes Ordinance--which provides for the death sentence when “the offence of cyber terrorism” causes death--defy the spirit of Prime Minister Gilani’s commutation proposal.

Amnesty International opposes the death penalty in all cases and without exception, believing it to be the ultimate cruel, inhuman and degrading punishment and a violation of the right to life, as proclaimed in the Universal Declaration of Human Rights and other international human rights instruments. The death penalty legitimises an irreversible act of violence by the state and will inevitably claim innocent victims, as has been persistently demonstrated.

Amnesty International’s research shows that lower courts in Pakistan frequently impose the death sentence for murder in the expectation that the sentence will not be carried out as families are likely to reach a compromise, and forgive the alleged perpetrator, leading to his or her release in accordance with the provisions for qisas in Pakistani law. Sometimes negotiations over compensation continue while the convict stands ready to be hanged.

The law on murder and physical injury based upon the principles of qisas and diyat (retribution and “blood money” in the form of financial compensation) are in practice discriminatory: the rich and powerful usually have the means to secure the pardon of the victim’s family and thereby obtain their release, whereas the poor and powerless are often executed.

The Special Rapporteur on extrajudicial, summary or arbitrary executions has further developed this point by stating: “where the private diyah pardon stands alone and when it relates to the death penalty, it is almost certain to lead to significant violations of the right to due process in situations where a pardon is not granted. To the extent that the procedure does not provide for a final judgement by a court of law, or for the right to seek pardon or commutation of the sentence from the State authorities, the requirements of international law will be violated. Where the diyah pardon is available it must be supplemented by a separate, public system for seeking an official pardon or commutation.” (See report of the Special Rapporteur to the UN General Assembly, A/61/311, paragraph 61.)

Amnesty International’s concern about the large number of death sentences in Pakistan is heightened by the fact that many appear to be imposed in unfair trials characterised by lack of access to legal counsel and acceptance of evidence inadmissible under international law, including by special courts. Members of religious minorities seem disproportionately vulnerable to discrimination and unfair and erroneous convictions in capital cases.

On 18 December 2007, the United Nations General Assembly adopted Resolution 62/149 on “Moratorium on the use of the Death Penalty”. The resolution was adopted by 104 votes in favour, 54 against and 29 abstentions. Pakistan’s previous government under President Pervez Musharraf voted against the resolution. A second resolution 63/168 on the moratorium was adopted a year later in December with an even greater margin of support. Amnesty International was disappointed that Pakistan voted against the resolution despite Prime Minister Gilani’s promise regarding commutation of death penalties on 21 June 2008.

We urge the President of Pakistan to follow through on Prime Minister Gilani’s commutation proposal and the example set by former Prime Minister, the late Benazir Bhutto, who shortly after being elected Prime Minister in 1988 commuted all death sentences to life imprisonment.

Momentum is gathering across the world to end capital punishment. As of today, 139 countries have abolished the death penalty in law or in practice, including Sri Lanka, the Philippines and Nepal. Pakistan sent a positive signal by acceding to three human rights treaties in April last year.

Amnesty International now call upon Pakistan President to seize the occasion of Benazir Bhutto’s birthday, and one year on from the commutation proposal and to commute all death sentences to terms of imprisonment as a first step to abolition of the death penalty.

Friday, 30 January 2009

Abolition proposal to Pakistan's president

Pakistan's president Asif Ali Zardari has received a proposal to convert death sentences to life imprisonment, according to a television report quoted by the Daily Times.

The newspaper reported today that the Interior Ministry sent a summary proposal to the president for approval.

According to the Pakistani newspaper, the television report said the federal government sent the proposal to the Law Ministry six months ago, which then forwarded a revised draft to the Interior Ministry.

It said if the law was approved, it would not apply to "people sentenced to death for terrorist attacks harming national integrity".

In June 2008, prime minister Yousuf Raza Gilani announced the government would propose to the president that all death sentences be commuted to life imprisonment.

If it was applied to Pakistan's current death row population, up to 7,000 death row prisoners could be spared execution by hanging.

Despite the review, president Asif Ali Zardari released a new ordinance on electronic crime in early November making 'cyber-terrorism' a capital offence, and human rights organisations have reported that prisoners were still being executed.

Related stories:
Pakistan's mixed signals on death penalty -- 2 December 2008
Will Pakistan's death row be emptied? -- 24 June 2008

Saturday, 25 October 2008

Two Australians spared in Viet Nam

Viet Nam has granted clemency to two Australian citizens who were sentenced to death for drug offences.

The announcement brings to seven the number of Vietnamese-Australians spared execution since 2003.

Vietnamese prime minister Nguyen Tan Dung announced the decision at a joint media conference with his Australian counterpart Kevin Rudd at Parliament House in Canberra on 13 October.

"[B]uilding upon the excellent friendship between our two countries and on humanitarian grounds, I've informed the Prime Minister, the Vietnamese President has decided to grant clemency to two Vietnamese Australians charged with drug trafficking," he said.

The decision spares the lives of Jasmine Luong and Tony Manh, who now face the prospect of life in Viet Nam's notoriously harsh prison system.

Tony Manh applied for clemency after an appeal court confirmed his death sentence in November 2007 for heroin trafficking.

Jasmine Luong was given a death sentence in March 2008 when prosecutors appealed the original life sentence imposed in December last year.

Luong claimed she only agreed to carry the nearly 1.5 kilograms of heroin that was found hidden in her luggage and shoes in order to pay her estranged husband's gambling debts.

Five other Australian citizens in Viet Nam have had their death sentences commuted to life imprisonment since 2003, all for drug-related offences.

In each case the Australian government has supported applications for clemency and made representations appealing for the sentences to be commuted.

'Close ties'
During the media conference, both leaders paid tribute to the ties between the two countries, saying bilateral trade was now worth about $7 billion per year.

Dung said through an interpreter that the two countries had developed "good cooperation in such areas as politics, diplomacy, economics, trade, investment, tourism, education and training, culture, defence, security and many others".

Related stories:
Viet Nam: Life, and death, sentences for drugs -- 30 April 2008
Drug penalty violates international law -- 6 May, 2007
Viet Nam death penalty "not deterring drugs" -- 25 November, 2006
Another Australian spared in Viet Nam – 19 November 2006
To begin, good news in Viet Nam -- 18 February 2006

Tuesday, 24 June 2008

Will Pakistan's death row be emptied?

Up to 7,000 death row prisoners may be spared the prospect of execution after Pakistan's prime minister recommended the government commute death sentences as a tribute to his party's assassinated leader.

Yousuf Raza Gilani was leading celebrations on Saturday for the 55th birthday of Benazir Bhutto, the former leader of the PPP Party who was killed in an attack on an election rally in December.

"We have asked the Ministry of the Interior to send a recommendation to the president to convert the death sentence of prisoners to life in prison," he said, according to an Associated Press report.

Media reports of the recommendation suggested President Pervez Musharfaf was likely to agree to the recommendation, although it was not clear which death row prisoners would be covered by the amnesty.

It was also not clear if the proposal would benefit an Indian national whose family claimed was sentenced to death in a case of mistaken identity.

Pakistani authorities believe Manjit Singh was sentenced to death after being convicted of involvement in bomb blasts in Lahore and Multan in 1990.

His family claims he is in fact Indian farmer Sarabjit Singh, who accidentally strayed into Pakistan while working.

President Musharraf rejected his petition for mercy on 5 March 2008. His execution was set for 1 May, although it was later delayed.

The announcement is likely to give fresh impetus to the debate about abolition in Pakistan, which late last year voted against a United Nations resolution encouraging a moratorium on the death penalty.

Related stories:
Call for abolition: Pakistan columnist -- 17 October, 2006
Pakistan: Thousands in "brutal" system -- 12 October, 2006

Thursday, 6 March 2008

Three of 'Bali 9' off death row: Indonesia

The death threat hanging over three Australians convicted of heroin smuggling has been overturned after a judicial review of their sentences, according to their Indonesian lawyers.

Australian newspapers reported today that Si Yi Chen, Tan Duc Thanh Nguyen and Matthew Norman were successful in their bid for the Supreme Court to overturn the decision that raised their punishment to the death penalty.

A different panel of Supreme Court judges imposed the death penalty on the three in September 2006.

The Australian reported the decision was made on 11 February, and a copy had since been sent to the Denpasar District Court, where the application for judicial review was heard.

Their Jakarta-based lawyer Farhat Abbas said it was the first time the Supreme Court had overturned a death sentence in a drugs case.

The Courier-Mail reported one of the judges said their youth, good character and remorse before the court were all factors in its decision to grant mercy.

The three men were part of a group of nine Australians convicted of attempting to smuggle 8.3 kilograms of heroin from Bali to Australia in April 2005.

Four of the group -- the so-called 'mules' -- were arrested at Denpasar Airport with the drugs strapped to their bodies. Chen, Nguyen and Norman were arrested at the Melasti Hotel, with 350 grams of heroin in a suitcase in their room. Andrew Chan and Myuran Sukumaran were arrested and charged with organising the conspiracy.

The decision leaves just three of the group on death row: Chan and Sukumaran, and Scott Rush, the only 'mule' now under sentence of death.

Cautious hope for Rush
Rush's father and his Australian lawyers said the decision offered hope he could successfully appeal his death sentence, although they were cautious about raising hopes at this stage.

His father Lee told the ABC that "there's an opportunity there, but we're dealing with the unknown".

"We've had them up before and you go down again. So we don't want to get our hopes up."

Colin McDonald, Rush's Darwin-based barrister, told Fairfax Media reporters the decision offered a "very valuable - and potentially very powerful - legal precedent to have his sentence downgraded to 20 years' jail".

He described his client as "a drug mule on the bottom of the hierarchy of drug importation crimes", saying Rush's co-accused who had played an identical role in the operation received either 20 years or life.

"From here, we are going to proceed cautiously and carefully in a long history of rollercoaster emotions and disappointments," he said.

He said "now, combined, all of the drug mules save Scott Rush have avoided the death penalty".

"It would be manifestly excessive, and now wrong, to allow the death sentence to stand."

Mr McDonald said Rush would make an application to the Supreme Court in the next three weeks.

Another of his Australian lawyers, John North, agreed Rush was "a unique position ... as being the only one of the airport couriers who has received the death sentence".

"And so we've always felt he's had a strong case. But it's good to see the Indonesian Supreme Court has recognised that the Melasti three don't deserve the death penalty," he said.

Relief
The decision reported today brings a measure of certainty for the three men, who have seen their original sentence of life in prison reduced on appeal to twenty years, then raised to the death penalty after a further appeal by prosecutors.

The Supreme Court sentenced them to death in September 2006, despite prosecutors only asking that the original life sentences be reinstated.

The three still face the daunting prospect of spending the rest of their lives in an Indonesian jail.

Related stories:
Indonesia: Right to life and execution -- 30 October, 2007
Bali 9 challenge may win and fail -- 03 June, 2007
Drug penalty violates international law -- 06 May, 2007
Australians appeal Bali death sentences -- 02 May, 2007
Firing squad for six of Bali nine -- 10 September, 2006
Bali 9 death sentence confirmed -- 26 April, 2006

Thursday, 23 November 2006

Mirza Tahir Hussain: Safe, free and home

UK national Mirza Tahir Hussain has returned home from Pakistan following President Pervez Musharaff's decision to commute his death sentence.

Hussain had endured three trials, two death sentences, four stays of execution and eighteen years in prison.

President Musharaff commuted the sentence to life imprisonment on Wednesday 15 October. A life sentence in Pakistan usually means a minimum term of 14 years in prison, making him immediately eligible for release. He was freed on Friday and he flew out for the UK the same day.

Hussain was scheduled to hang after 31 December, when a fourth stay of execution was due to expire.

After his family received confirmation of the decision, his brother Amjad said: "I welcome the news and I'm grateful to President Musharraf that he has taken this decision on humanitarian grounds.

"We are near the finishing line. At last, this 18 years of nightmare appears to be coming to an end."

Amjad Hussain said his brother would need time to recover and adjust after his years of imprisonment.

"There will be help and there will be counselling, he will have the best he can get.

"He needs to catch up on all the news that he's missed, the world has moved on and he's been living a life of standstill for the last 18 years," he said.

The BBC News website quoted a statement read on Mirza Hussein's behalf after his release: "It has been a tremendous strain to be separated from my family and loved ones.

"Freedom is a great gift. I want to use this freedom to get to know my family again, to adjust back to living here and to come to terms with my ordeal.

"My thoughts remain with all the prisoners I have left behind."

Under the shadow
Hussain was convicted of murdering taxi driver Jamshed Khan who died in Punjab Province on 17 December 1988. He had always claimed he was physically and sexually assaulted at gunpoint by the taxi driver, and the gun went off in the struggle that followed.

He was first sentenced to death in 1989, later reduced to life, before being acquitted of all charges in 1996. His case was then referred to the religious Federal Shariat Court and in 1998 he was sentenced to death for robbery involving murder, despite the Court's acknowledgement that no robbery was involved.

One of the three judges in his sharia court trial found that police had "fabricated evidence in a shameless manner".

The taxi driver's family later rejected an offer of blood money under Islamic law and insisted that the death sentence be carried out.

Amnesty International (AI), along with other organisations, argued he was convicted after an unfair trial and said "under no circumstances" should the sentence be upheld.

President Musharaff rejected a mercy petition, and he said in October that he did not have the power to override the judgement of a sharia court. But campaigners pointed out that article 45 of the constitution gave him the power to commute "any sentence passed by any court".

Later reports suggested the president was looking for legal grounds to commute the sentence.

UK campaign
Amjad Hussain led a strong campaign for clemency across the UK, including Amnesty International UK, the Muslim Council of Britain and the Catholic Church. Amjad reportedly gave up his job as a computer scientist to lead the campaign for his brother's freedom.

UK Prime Minister Tony Blair intervened on Hussain's behalf, and Prince Charles made a direct appeal for mercy following an official meeting with President Musharaff in Islamabad on 30 October.

Related stories:
Pakistan: Fourth reprieve for Mirza Hussain -- 22 October, 2006
Call for abolition: Pakistan columnist -- 17 October, 2006
Pakistan: Thousands in "brutal" system – 12 October, 2006
Pakistan: Hanging delayed, but how long? -- 03 October, 2006
UK pressure over Pakistan hanging -- 01 October, 2006

Pakistan, Mirza Tahir Hussain, Amjad Hussain, death row

Sunday, 19 November 2006

Another Australian spared in Viet Nam

A fifth Australian national has been spared execution in Viet Nam, rewarding Australian government appeals and its co-operation in joint drug operations.

Australian Foreign Minister Alexander Downer announced this week that the death sentence against Trinh Huu, 53, had been commuted to life imprisonment.

He said Vietnamese President Nguyen Minh Triet commuted Trinh's death sentence following diplomatic representations from the Australian government.

As in previous cases, the Vietnamese government cited humanitarian grounds and their country's good relationship with Australia as reasons for the decision.

Trinh was sentenced to death in December last year for trafficking about 2 kilograms of heroin. He was arrested near the Vietnam-Cambodia border in December 2004.

The Age newspaper reported in February this year that Trinh was arrested by Vietnamese police working with the Australian Federal Police (AFP).

A spokesperson for Justice Minister Chris Ellison confirmed that Trinh's arrest "was the result of co-operation between Australian and Vietnamese authorities regarding a large drug syndicate".

The AFP has been criticised for its co-operation with Indonesian police, following the April 2005 arrest of a group of Australian citizens known as the "Bali 9". The AFP provided crucial information that led to the monitoring, arrest and prosecution of the group for trying to smuggle 8.3 kilograms of heroin to Australia.

Six members of the Bali 9 have been sentenced to death for drug smuggling offences.

Clemency for foreign nationals
Viet Nam has only executed one foreign national since 1975, when it shot a Canadian woman of Vietnamese origin, Nguyen Thi Hiep, on 25 April 1999.

Five Australians have had their death sentences commuted in Viet Nam since 2003. In all five cases the Australian government made strong representations to the government of Viet Nam appealing for the sentences to be commuted.

In February 2006 President Tran Duc Luong commuted the death sentences of two Australians to life imprisonment, citing "humane tradition" and the good bilateral relationship between Australia and Viet Nam. He spared convicted heroin smugglers Mai Cong Thanh, an Australian citizen, and Nguyen Van Chinh, an Australian permanent resident.

The death sentence against Tran Van Thanh, convicted of heroin trafficking, was commuted to life in prison in August 2005 on the basis of humanitarian grounds and the strong relationship between Viet Nam and Australia.

Le My Linh, a 43-year old Sydney woman, was granted presidential clemency in July 2003 following appeals from the Australian government. The president again cited humanitarian grounds when commuting her sentence to life in prison.

Vietnamese citizens have not been so lucky. According to Amnesty International, there were 21 known executions in 2005 and at least 65 people sentenced to death, but "the real number is believed to be much higher".

Related stories:
World Day call for Australian leadership -- 10 October, 2006
UN: Australia should tackle drugs penalty -- 29 September, 2006
Australia's double standards under pressure -- 13 September, 2006
Firing squad for six of Bali nine -- 10 September, 2006
Australian police & the firing squad -- 19 February, 2006
To begin, good news in Viet Nam -- 18 February, 2006

death penalty, Vietnam, Viet Nam, human rights, drugs, drug trade

Sunday, 1 October 2006

UK pressure over Pakistan hanging

Family members and activists in the UK have held protests against the planned execution of Mirza Tahir Hussain in Pakistan this weekend. (Another report online here.)

Mirza Tahir Hussain, a UK citizen, is due to be hanged for the alleged murder of a taxi driver during a trip to Pakistan in 1988.

In 1989 he was convicted of murder and sentenced to death. He was acquitted by the Lahore High Court, which cited discrepancies in the case, but his case was referred to the Federal Sharia Court and he was again convicted and sentenced to death.

Mirza's brother Amjad Hussain led a protest outside the Oxford Union on Friday, where President General Pervez Musharraf was delivering a speech about modern Pakistan.

According to the report in The Guardian, Gen Musharraf gave protesters the "thumbs up" sign and Mr Hussain later said: "This is an 11th hour protest for President Musharraf to step in and stop an innocent man going to the gallows. The world is watching. This is a chance for the president to show he is a progressive, modern leader. I'm sure he will not let us down."

Amnesty International (AI) believes Mirza was convicted after an unfair trial, and an AI briefing on the case notes that he has been granted "an unusual amount of remission and recognition of good conduct" during his 18 years in prison.

He has exhausted all avenues of appeal, and only President Musharraf can now commute his sentence. The Times Online reported that UK Prime Minister Tony Blair appealed for clemency in a meeting with President Musharraf on Thursday.

Pressure for moratorium
On 11 September, AI issued a statement encouraging European leaders and members of parliament to raise the death penalty in meetings with President Musharraf.

AI urged European Union (EU) leaders and members of the European Parliament to "call for an immediate moratorium on executions with view to abolishing the death penalty in Pakistan".

Dick Ooosting, Director of the human rights organisation's EU Office said: "Pakistan's rate of executions is one of the highest in the world. Given the EU's strong commitment to oppose the death penalty, President Musharraf should be pressed hard for a moratorium on all executions."

According to AI, "Pakistan applies the death penalty also against persons who were under 18 at the time of the crime, a practice which contravenes international law".

The organisation said defendents from from poorer backgrounds were also denied basic rights at all stages of the justice system, while many wealthier people escaped punishment under the "Qisas and Diyat Ordinance" that allowed families of murder victims to accept compensation and pardon the offender.

AI encouraged EU leaders to raise the cases of individuals who faced imminent execution if they were not granted a Presidential pardon, in particular highlighting Mirza Tahir Hussain's case.