Wednesday 29 June 2022

Iran: Regime Using Death Penalty As Means Of Repression

Source: Eurasia Review (2 June 2022)

https://www.eurasiareview.com/02062022-iran-regime-using-death-penalty-as-means-of-repression/

In its annual review of the death penalty, Amnesty International reported that 2021 saw a worrying rise in executions and death sentences as some of the world’s most prolific executioners returned to business as usual and courts were unshackled from Covid-19 restrictions.

At least 579 executions were known to have been carried out across 18 countries last year⁠ – a 20% increase on the recorded total for 2020⁠. Iran accounted for the biggest portion of this rise, executing at least 314 people (up from at least 246 in 2020), its highest execution total since 2017. It is worth noting that these are the statistics that the government of Iran has offered to state-run media, and the actual number of executions in Iran in 2021 is undoubtedly higher. Iran claims most of these executions have been due to a marked increase in drug-related cases– a flagrant violation of international law that prohibits the use of the death penalty for crimes other than those involving intentional killing.

Iran maintains a mandatory death penalty for possession of certain types and quantities of drugs⁠⁠ – with the number of executions recorded for drug-related offenses rising more than five-fold to 132 in 2021 from 23 the previous year. The known number of women executed also rose from nine to 14. At the same time, the Iranian authorities continued their abhorrent assault on children’s rights by executing three people who were under the age of 18 at the time of the crime, contrary to their obligations under international law.

A review of Iran’s death penalty practice suggests that religious and political offenses are employed in a relatively arbitrary fashion, with religious offenses being used to silence political dissidents and political offenses used to persecute persons having acted against religion.

On Thursday, March 17, Javaid Rehman, the United Nations Special Rapporteur on the human rights situation in the Islamic Republic of Iran, presented his report during the 49th session of the Human Rights Council. Mr. Rehman highlighted widespread human rights abuses and drew attention to the system-wide lack of accountability for human rights failures: “I reiterate the fundamental responsibility of the State to take serious steps to ensure accountability. In the absence of such steps and the unavailability of domestic channels for accountability, I stress the role and responsibility of the international community, including this Council.”

At the start of 2022, there were serious concerns regarding a recent spike in executions. During the past few weeks, Iran executed forty-nine individuals—fourteen in ten days alone. Of the forty-nine, ten can be attributed to drug-related offenses. Sentencing data also indicate a spike in the issuance of the death penalty. In the same recent thirty-day period, ten individuals were sentenced to death, including 27-year-old Wushu champion Yazdan Merzaei, on drug-related charges.

The Iranian regime’s killing machine has not stopped and is busier than ever. Prisoners are tortured to their death, execution chambers have a waiting list, and Iran’s officials, courts, and judges in the brutal judiciary system recognize no halt or break for issuing death sentences. Based on the Iranian regime Prison Organization’s classified documents obtained by the Iranian opposition coalition National Council of Resistance of Iran (NCRI), some 5,197 prisoners are on death row or convicted of Qisas (retribution in kind). “Some 107 prisoners are sentenced to amputation, 51 were sentenced to stoning, and 60 death row prisoners were under the age of 18 at the time of the alleged offense in 2020,” the NCRI stated. According to the documents, there are “1,366 inmates with death sentences, 39 of whom are women; and 3,831 prisoners sentenced to Qisas, 144 of whom are women. The number of prisoners with sentences of more than 15 years is 17,190.”

At dawn on Wednesday, May 25, the Iranian regime’s Judiciary executed at least eight prisoners in Gohardasht Prison in Karaj.

Three of these individuals were identified as Abbas Bitarfan, Ali Nosrati, and Gholam Hossein Zeinali. The other two executed prisoners were Ali Montazeri and Vahid Mianabadi.

On Wednesday, Tehran’s public prosecutor also announced the execution of a prisoner identified only by his initials as R.A. who had previously been sentenced to death on charges of ‘Moharebeh’ (Arabic for war against God). Some sources have verified the identity of the prisoner as Ramin Arab. A local source also reported the execution of another prisoner on May 21 at Zahedan Central Prison in southeastern Iran. The prisoner was identified as Abdullah Brahui from Zahedan. According to the state-run Rokna news agency, a 29-year-old prisoner was executed in Mashhad prison in northeastern Iran on May 22.

The rise in the number of executions in Iran and the regime’s insistence on holding its grounds despite international outrage against this increase reveals a plain and simple reality: The regime of the mullahs is on the verge of collapse and is under the illusion that sending Iranians to the gallows would prolong its life.

How A Singapore Execution Set Off Wave Of Protests

Source: The ASEAN Post (30 May 2022)

https://theaseanpost.com/environment/2022/may/30/how-singapore-execution-set-wave-protests

The only post on Tan Mei Qian's Instagram profile is a picture of her and two friends delivering a letter to Singapore's President.

The letter contained a request to spare the life of Datchinamurthy Kataiah, a 36-year-old man who has been languishing on death row for the past seven years.

His crime – trafficking 44 grams of heroin, around three tablespoons worth, into Singapore.

"The media is heavily censored. So, there is little opportunity for us to raise our opinions here," Ms Tan said.

But that changed last month when another man, Nagaenthran K Dharmalingham, was executed for smuggling drugs into Singapore from Malaysia.

Birth Of A Movement

His hanging sparked a debate as young, aware and globally conscious Singaporeans began speaking up, mostly on social media – an unusual occurrence in politically passive Singapore.

In the days before Nagaenthran's execution, around 400 people gathered at Hong Lim park – the sole place in Singapore where protests are largely allowed without prior police approval.

In the past, rallies against the death penalty that were held there had attracted crowds of less than 50.

But this, a demonstration to halt the execution, was a watershed moment, activists say.

"Nagaenthran's case galvanised many in Singapore and made everyone realise how unforgiving and brutal our punishment system is," Jolovan Wham, the protest organiser, said. Nagaenthran was handed the death sentence for strapping 43 grams of heroin to his thigh.

In the months leading up to his hanging, his lawyers and family filed appeals and clemency requests asking for his death sentence to be commuted on the grounds that he was intellectually disabled.

One assessment found him to have an IQ of 69, a level internationally recognised as a learning disability.

But the courts rejected the claim and found that he knew what he was doing at the time of the offence.

There was hope that the pandemic, which led to a two year pause in executions, would alter Nagaenthran's fate.

But on 27 April, he was hanged at dawn.

Widespread Support

Most Singaporeans support the use of the death penalty but Nagaenthran's case has ignited debate over capital punishment. Singapore's government says its strict drug laws, including the death penalty, are an effective deterrent against crime, making it one of the safest places in Asia.

Just over a month before Nagaenthran's execution, Singapore's Home Affairs Minister K Shanmugam told parliament that the majority of residents still support the death penalty and consider it appropriate punishment for drug trafficking. He was referring to preliminary findings from a 2021 survey.

But he did concede that young Singaporeans' support for capital punishment for drug traffickers was lower than the national average.

The responses to Ms Tan's post reflect these findings: "lol go study lah and I hope you never ever get to experience the destruction drugs cause to both the addicts and their loved ones," one comment reads.

Another says, "Please la girl don't fall prey to this nonsense... propaganda. You have no idea what a drug-run state looks like".

But Ms Tan is hopeful.

"I think we are going in a good direction because there is a lot more conversation about it."

More Executions To Come

The increased awareness has been a crutch for the families of those on death row. Datchina's family feels stronger and more resolute about his case because of what they saw at Hong Lim Park, said Kirsten Han, who has been campaigning against the death penalty for more than a decade.

"That is very distinct from other cases that I've worked on. Singaporeans are trying to find action to take themselves," she added.

Nagaenthran's case prompted criticism from the United Nations (UN), an European Union (EU) representative and global figures like billionaire Richard Branson. International rights groups called it a "tragic miscarriage of justice".

"For the first time I see a group of people are voicing out against the death penalty. Social media is full of Nagaenthran's case across so many industries – business, actors, ministers," said Angelia Pranthaman whose 31-year-old brother Pannir Selvam Pranthaman is also on death row, awaiting an execution date.

Activists, who have been trawling through court judgements and speaking to families, estimate that there are more than 60 people currently on death row in Singapore. Prisoners – and their families –have been appealing their cases in Singapore's courts, often representing themselves because lawyers are unwilling to take on late-stage cases.

'Broken System'

As efforts continue to save those who have received execution notices, some are questioning the punishment itself.

Amnesty International says out of the 10 death sentences handed out in Singapore during the pandemic – one sentence was handed out on Zoom – eight were for drug offences.

Singapore is also one of the few countries in the world that have mandatory death sentences for drug crimes – those caught carrying more than 15g of heroin are subject to the death penalty.

UN experts have said the death sentence is disproportionate for the number of drugs in question. Many also say those convicted are victims of a larger problem. "Our system is such that we impose the harshest penalty on the mules. But unfortunately, the drug lords behind the mules are still doing their business in other countries," criminal lawyer Sunil Sudheesan said.

Calls For Abolition

Experts say there is a global shift towards abolishing the death penalty, and that Singapore is an outlier among developed nations.

That said, Asia is home to the top executioner in the world.

China is believed to execute thousands of people every year, but official data is not publicly available.

Indonesia continues to use the death penalty for drug trafficking but hasn't carried out an execution since 2016.

Singapore's neighbour Malaysia has a moratorium on executions and has amended its laws, but Human Rights Watch says judges continue to hand out death sentences, rather than life imprisonment, in the majority of cases.

Other countries in Southeast Asia – the Philippines, Myanmar and Thailand – no longer have capital punishment.

"Singapore's international reputation has already deteriorated significantly with the execution of Nagaenthran," said the Anti-Death Penalty Asia Network in a statement after his death.

Despite renewed calls from across the world for Singapore to reconsider capital punishment and existing death sentences, abolition or even a moratorium on executions seems unlikely in the near future.

"It won't happen too soon, but I have been encouraged by the number of young people who are taking action," Mr Wham said.

"I'm optimistic."

Myanmar democracy activists' death sentences upheld, junta says

Source: Reuters (4 June 2022)

https://www.reuters.com/world/asia-pacific/myanmar-democracy-activists-death-sentences-upheld-junta-says-2022-06-03/

June 3 (Reuters) - Myanmar's military government said on Friday that appeals by two prominent democracy activists against their death sentences had been rejected, paving the way for the country's first executions in decades.

The government has received widespread condemnation abroad for ousting an elected government in a coup more than a year ago, and for the brutal crackdown that it has since unleashed on critics, opposition members and activists.

Kyaw Min Yu, a veteran democracy activist, and Phyo Zeyar Thaw, a lawmaker for the former ruling National League for Democracy (NLD) party, were sentenced to death by a military tribunal in January on charges of treason and terrorism, according to a junta statement at the time.

The United Nations said it was "deeply troubled" by Friday's announcement, which U.N. spokesman Stephane Dujarric described as a blatant human rights violation.

U.N. Secretary-General Antonio Guterres called for charges to be dropped "against those arrested on charges related to the exercise of their fundamental freedoms and rights, and for the immediate release of all political prisoners in Myanmar," Dujarric said. 

It was unclear whether Kyaw Min Yu and Phyo Zeyar Thaw had denied the charges against them. The junta statement did not mention their pleas.

Their appeals against the sentences were rejected, a junta spokesperson said, though it was unclear by whom. The activists' representatives could not be reached for comment.

"Previously, the convicts sentenced to death could appeal and if no decision was made, then their death sentences would not be implemented. At this time, that appeal was rejected so the death sentences are going to be implemented," junta spokesperson Zaw Min Tun told BBC Burmese.

He did not say when the executions would take place.

Judges in Myanmar sentence offenders to death for serious crimes including murder, but no one has been executed in decades.

The military took power after complaining of fraud in a November 2020 general election won by Aung San Suu Kyi's NLD. Election monitoring groups found no evidence of mass fraud.

Malaysia to abolish mandatory death penalty in move welcomed by rights campaigners

Source: CNN (10 June 2022)

https://edition.cnn.com/2022/06/10/asia/malaysia-death-penalty-abolish-human-rights-intl-hnk/index.html

(CNN) Malaysia will abolish the mandatory death penalty, the government said Friday, in a move cautiously welcomed by rights groups as a rare progressive step on the issue for the region.
In a statement, Malaysian law minister Wan Junaidi Tuanku Jaafar said mandatory death sentences for serious crimes would be replaced by "alternative punishments" at the discretion of the courts.
"This shows the government's emphasis on ensuring that the rights of all parties are protected and guaranteed, reflecting the transparency of the country's leadership in improving the criminal justice system," he said.

Relevant laws will be amended, the statement said, adding that further research would be carried out on alternative sentences for a number of crimes that carry the death penalty, including drug offenses.
Like many of its neighbors in Southeast Asia, Malaysia has notoriously tough drug laws, including capital punishment for traffickers.

The country declared a moratorium on executions in 2018 but laws imposing the death penalty remained and courts were required to impose the mandatory death sentence on convicted drug traffickers. Terrorist acts, murder, and rape resulting in death also still warranted a mandatory death penalty.

Friday's decision comes three years after human rights campaigners had criticized the government for making a U-turn on an earlier pledge to abolish capital punishment entirely.

Cautious welcome

The move Friday was welcomed by rights groups who said it was an "important step forward" for the country and wider region.

"Malaysia's public pronouncement that it will do away with the mandatory death penalty is an important step forward -- especially when one considers how trends on capital punishment are headed in precisely the opposite direction in neighboring countries like Singapore, Myanmar, and Vietnam," said Phil Robertson, deputy Asia director of Human Rights Watch.

No executions were carried out in Malaysia throughout 2021, according to a recent Amnesty International report about global executions.

"As of 12 October [2021], 1,359 people were under sentence of death, including 850 with their death sentences being final and appealing for pardon and 925 convicted of drug-related offences," the report said. Out of the 1,359 sentenced to death, 526 were foreigners, it noted.

However, executions have been on the rise in other parts of Southeast Asia like Myanmar, Vietnam and Singapore, which recently executed an intellectually disabled prisoner from Malaysia despite global condemnation.

This week, Myanmar announced scheduled executions for two men accused of "being involved in terrorist acts" in what would mark the first judicial executions in the country in decades since the military coup.

Although he welcomed Malaysia's move as a sign of progress, Human Rights Watch's Robertson said the government needed to follow through on its statement with action.

"We need to see Malaysia pass the actual legislative amendments to put this pledge into effect because we have been down this road before, with successive Malaysian governments promising much on human rights but ultimately delivering very little," he said.

"The Malaysian government ... knows the international community will take this as a sign of the country progressing forward but hopefully, they really mean it this time and move quickly to do away with the mandatory death penalty once and for all."

UN: Iran Executed More Than 100 People Between January and March

Source: VOA (21 June 2022)

https://www.voanews.com/a/un-iran-executed-more-than-100-people-between-january-and-march/6627085.html

GENEVA —

Iran executed more than 100 people in the first three months of 2022, continuing a worrying upward trend, according to a report by U.N. Secretary-General Antonio Guterres that was presented Tuesday.

Speaking before the U.N. Human Rights Council in Geneva, U.N. deputy human rights chief Nada Al-Nashif presented Guterres' latest report on Iran, decrying that executions in the country were on the rise.

"While 260 individuals were executed in 2020, at least 310 individuals were executed in 2021, including at least 14 women," she said, adding that the trend had continued this year.

Between January 1 and March 20, she said, "At least 105 people were executed," many of whom belonged to minority groups."

Guterres's report had noted with deep concern the increase of executions for lesser crimes, including for drug-related offenses, Nashif said.

"The death penalty continues to be imposed on the basis of charges not amounting to 'most serious crimes,' and in ways incompatible with fair trials standards," she told the council.

Nashif said that in March, 52 people sentenced to death on drug-related charges were transferred to Shiraz prison for execution.

She also lamented the continued use of the death penalty for juvenile offenders, in violation of international law.

'Excessive use of force'

Between August 2021 and March 2022, at least two people who committed their alleged crimes as minors were executed and more than 85 juvenile offenders remain on death row, she said.

"In February 2022, in a positive development, the Supreme Court decided to revoke the death sentence against a child offender who had been on death row for 18 years," Nashif added.

The deputy rights chief also decried other rights abuses in Iran, especially in response to protests over a range of significant social, political and economic challenges over the past year.

"Excessive use of force constitutes the default response by the authorities to managing assemblies," she said.

"In April and May 2022, at least 55 individuals -- teachers, lawyers, labor rights defenders, artists and academics -- were arrested during protests, many of whom are facing national security charges."

To date, no steps have been taken to establish accountability for violations committed during the nationwide protests in November 2019, she added.

Unnecessary deaths caused by excessive force inflicted by the authorities, against border couriers, peaceful protesters and those in detention, has continued with impunity, Nashif told the council.

"The scale of deaths in detention ... is of serious concern," she said.

Mehdi Ali Abadi, Iran's deputy permanent representative in Geneva, slammed the report, saying it was based on a malicious mandate forced on the U.N. by Western countries to stigmatize Iran, insisting it was "biased by default."

"Reducing the lofty code of human rights into a petty political tool is appalling and disgraceful," he told the council.